logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.08.11 2016고단3410
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants, on October 16, 2015, from around May 4, 2016 to around May 4, 2016, provided facilities necessary for sexual traffic, such as massage rooms, shower facilities, etc., on the second floor of the building in the e in the esisisisi city, and operated “F” by employing female employees. The Defendants, who found the place, provided female employees with 11 to 120,000 won for female customers at the price of 11 to 120,000 won.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of a copy of each bankbook;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Selective Commercial Sex Acts and Subordinate Statutes concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the fact that the error is recognized and reflected, and there is no criminal record exceeding the fine);

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. Article 25 of the Act on the Punishment of Acts, Including the Mediation of Commercial Sex Acts, Etc. / In a case where an actor, such as the brokerage of commercial sex acts, pays half of the amount received from customers, the scope of collection is limited to the actual amount acquired (see Supreme Court Decision 2009Do2223, May 14, 2009). The total amount of the card amount deposited into the account in the name of the Defendants is 25,015,709 (= KRW 17,304,59 KRW 7,711,110). Since half of the amount was paid to the female commercial sex acts, the profits actually acquired by the Defendants are 12,507,854 won (=25,015,709 Won x 1/2).

However, since the sum of deposit claims preserved by the confiscated unit is KRW 2,174,871 (=17,389 Won 2,057,482), the remaining amount after deduction is KRW 10,332,983.

On the other hand, where several persons jointly engage in acts such as arranging sexual traffic, the value of profits actually earned by each accomplice shall be individually.

arrow