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(영문) 수원지방법원 안양지원 2013.11.08 2013고단1204

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months and by a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is at least 10 floors of the building C in Ansan-si, four smuggling equipped with shower facilities, simple beds, lighting, etc., one waiting room for female employees, and 10 male customers' sleeps, and operates a marina business with the trade name of "D".

From March 2, 2012 to July 22, 2013, the Defendant employed a female employee as E (one name F), G (one name H), I (one name J), and K (one name L), and received KRW 110,000 to KRW 130,00 per capita from many unspecified male customers, and female employees received KRW 110,000 to KRW 130,000 per capita, and the remainder is the Defendant, and the said employees made the said employees to have sexual intercourse with customers, thereby engaging in the act of arranging sexual traffic, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of the examination of the police officer in relation to K, I, E, and G;

1. The police seizure record and the list of seizure;

1. Each statement prepared in M, N, orO;

1. The application of Acts and subordinate statutes on the monthly rent contract, such as business books, site photographs, etc.;

1. Articles 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense and the Punishment of Acts of Arranging Sexual Traffic;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and Article 48(1)1 of the Criminal Act seek additional collection of KRW 280,521,423. However, the additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is intended to deprive the criminal of his/her unlawful profits necessary for eradicating the act of arranging commercial sex acts, etc., so it is reasonable to deem the scope of such additional collection is limited to the profits actually acquired by the criminal (see, e.g., Supreme Court Decision 2009Do2223, May 14, 2009). If it is impossible to specify the actual acquired profits, the additional collection is not possible (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008).