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(영문) 서울중앙지방법원 2018.01.12 2017고단8486
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a business owner who operates commercial sex acts in officetels with the trade name of “B.”

From July 1, 2017 to July 27, 2017, the Defendant: (a) leased Ctel 417 and 1001 in Gwanak-gu in Seoul Special Metropolitan City; (b) employed a female employee engaged in sexual traffic, such as D and E; and (c) advertised the said business at the advertisement site of a commercial sex, such as F, “G,” “H,” and “H,” and arranged commercial sex acts by guiding the male purchaser, such as I, who discovered the advertisement at the advertisement site of the commercial sex, to receive KRW 140,00 to 160,000 as the price for commercial sex acts, and who is waiting for the female employee engaged in commercial sex acts with the female employee engaged in commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with respect to E, D, or I;

1. Lease contract (No. 417);

1. Application of statutes, such as site photographs;

1. Article 19 (2) 1 and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the concurrent imposition of fines and imprisonment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that a prosecutor shall seek confiscation of money seized from women who engage in sexual traffic.

However, as long as the above money was seized before the women of sexual traffic deliver the defendant's share to the defendant, there is money, valuables or benefits received by the defendant due to the crime of this case.

The recognition is insufficient, and there is no other evidence to prove it.

In addition, when the defendant forfeits money and valuables acquired as a result of the crime of arranging sexual traffic pursuant to Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, the female shall not be deemed as a accomplice in the act of arranging sexual traffic, and Article 25 of the above Act does not include Article 21 of the above Act, which is a penal provision for the punishment of the sexual traffic women, so the money received by the sexual traffic female shall not be confiscated or collected pursuant to

Therefore, the above money is governed by the law.

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