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(영문) 서울북부지방법원 2015.12.17 2015고단3706

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (i.e., arranging sexual traffic) operated by himself/herself in Seongbuk-gu Seoul from July 3, 2015 to August of the same month, and operated the said establishment with four smuggling and other facilities, and employed four female employees, including E, etc., and had female employees receive 80,000 won per time from male customers, such as F, and had female employees do sexual intercourse with male customers, and 40,000 won per time out of the price of sexual traffic received as above, and obtained a benefit of 240,000 won in total by paying to female employees.

Accordingly, the defendant arranged sexual traffic for business purposes.

B. The Defendant violated the Food Sanitation Act, without obtaining permission from the competent authorities, provided three workers engaged in entertainment, such as the foregoing E, with facilities such as a drinking room and a kitchen in which singing bars are installed at the above time and place. The Defendant prepared and sold alcoholic beverages to the above F, etc. who found the above business establishment, and had E, etc. drink alcohol together with F, etc., and provided entertainment bar business by inducing E, etc. to provide entertainment.

2. On July 2, 2015, Defendant B promised to receive deposit of KRW 3 million and monthly rent of KRW 500,000 from the above A, and stipulated that Defendant B subleted the above facts to Defendant A as the lessee of the building at the business establishment. However, Defendant B also stated that the building at the business establishment is an unauthorized building as the owner of the building (see a police interrogation protocol) and the name change processing register (see, e.g., investigation records in the evidence record) of the owner’s name change processing register (see, e., e., investigation records in the evidence record) appears to change the owner’s name in order of GH I I I’s name. Since whether a sub-lease is sub-lease or not, it is irrelevant to the establishment of the crime and does not cause disadvantages to the Defendant’s defense right, it is changed ex officio as “lease.”

Note A 1-A by the Sea State.

In addition, sexual traffic business places are operated as described in the paragraph.