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(영문) 수원지방법원 성남지원 2014.04.23 2014고정321
풍속영업의규제에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a kis bank, which is a business office, in a mutual custom, “C” after having a locker, etc. in a locker room in Seongbuk-gu, Sungnam-si.

1. Any person who runs the amusement business affecting the public morals in violation of the Act on the Regulation of Amusement Businesses Affecting the Public Morals, shall not make any person do any act of obscenity, or mediate or providing it;

Nevertheless, the Defendant conspired with D, from July 5, 2013 to 16:35 on July 24, 2013, received approximately KRW 60,000 per hour from unspecified customers who had found the said business, and assisted female employees E, etc. to engage in obscene acts, such as kis and pets, within the smuggling.

2. Although a person violating the Employment Security Act was prohibited from recruiting workers for the purpose of having them find a job for engaging in sexual traffic or other obscene acts, the Defendant recruited female employees, such as E through “F,” which is an Internet job-seeking site, for the purpose of having them do an obscene act, such as kis, from July 5, 2013 to July 16:35, 2013.

3. No person who violates the School Health Act shall be allowed to install any school environmental sanitation and cleanup zone in which physical contacts, such as dancing, may occur;

Nevertheless, from July 5, 2013 to June 16:35 of the same month, the Defendant operated the above key room in the school sanitation cleanup zone.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. A written statement of G and E;

1. Seizure records;

1. Investigation report (No. 19,20 of the evidence list);

1. Application of Acts and subordinate statutes on business account books;

1. As to this part of Article 10(2) and Article 3 subparag. 2 of the Act on the Regulation of Amusement Businesses Affecting Criminal Facts, Article 30 of the Criminal Act, Article 46(1)2 of the Employment Security Act (the recruitment of workers for the purpose of employment in obscene activities), Articles 19 and 6(1)19 of the School Health Act.

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