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(영문) 의정부지방법원 2015.08.25 2014고단4550

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months.

26,403,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Force】 The Defendant was sentenced to a suspended sentence of six months on December 2, 2013 to imprisonment with prison labor for damage to public goods at the Jung-gu District Court on December 2, 2013, and the judgment became final and conclusive on December 10, 2013, and is currently under suspended sentence.

【Criminal Facts” from June 1, 2013 to December 17, 2014, the Defendant had 6 guest rooms with simple intrusions in D, located on C’ 4th above the ground of Spocheon-si, Macheon-si, and employed 2 female employees, and received cash 1.20,000 won (credit card 1.30,000 won) from many unspecified male customers in return for sexual traffic, and had the said female employees and sexual intercourse.

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

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of sales by credit cards and details of transactions by entry;

1. Photographss of each business establishment, Red Seas, and passport photographs of female employees engaged in sexual traffic, possessed by employees entering the business;

1. An investigation report (a certificate of closure of business, a monthly sales statement of credit cards, account statement, etc.);

1. Investigation report (verification of profits from sexual traffic and property subject to a claim for preservation of additional collection);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, and the choice of imprisonment;

1. Article 25 [26,403,00 won = Total sales amount of 63,95,00 won - Total sales amount of 37,592,000 won (per person 74,000 won x total of 508 won) paid to female employees; and the prosecutor demanded that the amount of taxes paid out of the commercial sex acts should be deducted from the additional collection amount; however, the tax, etc. paid in the course of performing the act of arranging commercial sex acts, etc. does not fall under any method to consume the money and valuables acquired in return for the act of arranging commercial sex acts, etc. or to justify his/her act, and thus, it shall not be deducted from the additional collection amount (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). The Prosecutor’s letter of deduction is acceptable.