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(영문) 수원지방법원 2017.07.07 2016고단5896

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment for eight months.

However, the defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A around August 30, 2016, around 20:15, arranged in the “F” of a sexual traffic business establishment located in E, in order to enable a police officer who pretended to be a customer to engage in sexual intercourse with the female employee G in return for 120,000 won. In addition, from August 11, 2016 to August 30, 2016, A operated the said sexual traffic business establishment by having female employees equipped with facilities necessary for sexual intercourse, such as smuggling, etc., and arranged to allow female employees to engage in sexual intercourse with their customers in return for approximately 1.20,00 won.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant A’s legal statement

1. G statements;

1. Application of Acts and subordinate statutes of the lease agreement and report on internal investigation (Attachment of photographs);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, and selection of imprisonment;

1. It is not good that a crime has been discovered while continuing to exist without suspending business despite having been issued a fine summary order due to the first crackdown on the reason for sentencing under Article 62(1) of the Criminal Act.

The size and appearance of the business, the profits of the defendant and the defendant's profits, and the defendant will not close the business immediately after the second crackdown and will not repeat the business.

Punishment shall be determined in consideration of the fact at issue.

Part of innocence - Defendant B

1. The Defendant: (a) was the manager of the building with “F” in the foregoing sexual traffic business establishment; (b) leased Nos. 1 and 2 to A on March 5, 2016 under the condition of deposit of KRW 30 million and monthly rent of KRW 3.5 million; and (c) on June 2, 2016, the Defendant was notified of the operation of the sexual traffic business establishment in the foregoing building by the Handong Police Station H assistant I in the Sungdong-dong Police Station, the foregoing business establishment was controlled by the police around June 2, 2016, but the Defendant did not terminate the lease agreement and expressed his/her intent to recover possession thereof, and continued to provide the above building 4th floor and 2 until August 30, 2016.