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(영문) 서울중앙지방법원 2018.08.17 2018고단2225

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Acts of Arranging-gu, Seoul, the Defendant leased No. 1104, Dong-gu, Seoul, to operate a commercial sex business establishment and advertised commercial sex acts on the Internet, while employing F, G, H, etc. as an employee of commercial sex acts.

On December 8, 2016, from around November 1, 2017 to around November 1, 2017, the Defendant: (a) had employees engaged in the said sexual traffic receive cash of KRW 100,00 to KRW 150,00 according to the time of sexual traffic from many unspecified customers who reported the advertisement of the said sexual traffic; (b) had them receive cash of KRW 100,000 to KRW 150,00 according to the time of sexual traffic; and (c) paid additional KRW 30,00 to customers with his/her entrance and hand; and (d) received 50% of the amount of sexual traffic paid by customers as a brokerage fee.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

2. No person in violation of the Educational Environment Protection Act shall operate a business establishment providing services that engage in physical contacts between unspecified persons, sexual acts, such as exposure to sealed parts, or other similar acts, or that are likely to commit such acts, in an educational environment protection zone;

Nevertheless, from December 8, 2016 to November 1, 2017, the Defendant operated a sexual traffic business establishment that is likely to engage in sexual contacts, such as physical contacts between unspecified persons, or similar acts, as described in subparagraph 1 of Article 1104 of the E Building C, which is approximately 188 meters away from the boundary of the first elementary school, and approximately 102 meters away from the boundary of the J High School.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against F, G, or H;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (verification of school environment hygiene and Cleanup Zone), investigation reports (report on calculation of criminal proceeds), and investigation reports (Attachment to a decision-making accompanied by confiscation before prosecution);

1. A decision (Seoul Central District Court early 2017 early 2950)