성매매알선등행위의처벌에관한법률위반(성매매알선등)
A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding five million won.
When the defendant does not pay the above fine.
Punishment of the crime
No one shall mediate to perform any act of similar intercourse using part of the body, such as sexual intercourse, mouth, etc., or implements, in return for receiving or promising to receive money, valuables or other property benefits from unspecified persons.
The Defendant, a person who operates a marina shop business in the name of "Dmaz" in the building B of Goyang-gu, Busan Metropolitan City, and around May 21, 2019, received KRW 100,000 from an unspecified customer who found the said business place from the price for sexual traffic and paid KRW 50,000 among them to female employees engaged in sexual traffic, and arranged sexual traffic by guiding customers as a room in the said business place and allowing them to have sexual intercourse with the said employee for about 40 minutes.
Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.
Summary of Evidence
1. Partial statement of the defendant;
1. Report on internal investigation (record the contents of modernization);
1. Application of control field photographs and receipt Acts and subordinate statutes;
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. for the crimes and the concurrent imposition of imprisonment and fines (Article 24 of the same Act);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (limited to imprisonment);
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. is a penal provision premised on the possibility of realizing sexual traffic. Since the Defendant arranged sexual traffic to the police officers who disguisedly regulate customers, the crime of violating the said Act is not established.
2. Article 19(1)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. refers to the brokerage or convenience between the parties who intend to engage in commercial sex acts. Thus, in order to become an intermediary for commercial sex acts, the arrangement is necessarily made.