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(영문) 수원지방법원 2016.08.25 2016고단657

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

The attached Form shall be attached to the claims preserved for confiscation by the decision of the head of the Suwon District Court at the early 1504.

Reasons

Punishment of the crime

No person shall arrange, solicit, or induce sexual traffic, provide a place for sexual traffic, or engage in any other conduct, such as arranging sexual traffic.

From August 16, 2010 to July 9, 2015, the Defendant installed six guest rooms, one waiting room for female employees, one shower room, etc. at D business establishments located on the first floor of the Seosung-si underground from around 16, 2010, and employed female employees E, etc., and sought their location, and then received cash of KRW 100,000,000 to KRW 110,000,000,000 to KRW 110,000,000, and had the said female employees, etc. to have sexual intercourse with the customer, thereby gaining profits of KRW 13,34,530.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

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

1. The details of transactions on a national bank, the application of Korean bank transaction statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the Act on the Punishment of Acts

1. Article 25 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc. (amended by the Suwon District Court Decision 1504, early 2015, the defendant's deposit claims, other than the deposit claims in the name of the defendant. However, according to the evidence duly adopted and investigated by the court, the above deposit account in the above national bank is deemed to have been deposited and mixed with money of a nature different from criminal proceeds, unlike the deposit account in the name of the defendant, and therefore, it is reasonable to deem that the deposit claims in the name of the defendant cannot be confiscated. Thus, the amount of the deposit claims in the national bank shall be collected additionally.

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection: 157,00 won = 11,01,00 won in total, 13,34,530 won in profits earned by the defendant from the crime of this case - 2,161,401 won in preservation for confiscation - Seized articles (Evidence 1 through 3) - Reasons for sentencing;

1. Application of the sentencing criteria [the scope of the recommended punishment].