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The defendant shall be innocent.
Reasons
1. From November 23, 2016 to around 04:00 to around 05:30, Defendant A arranged sexual traffic by having E engage in sexual intercourse with the aforementioned D, at the “C” entertainment place operated by the Defendant in the Chungcheong-gun B, Chungcheongnam-do. Defendant A received KRW 200,000,000 from the customer D, and introduced E as chemical.
2. At around 02:00 on January 23, 2016, the Defendant’s assertion D visited the Defendant’s operation entertainment shop to receive entertainment from female employees E by ordering drinking and drinking alcohol and enjoying entertainment, and first worked at the entertainment shop by paying a total of KRW 2.10,000,000 to the entertainment shop. The employee E received KRW 60,000 from D, from among the money the Defendant received from D, received KRW 60,000,000 in the name of TC, and later 10,000 more than D.
Since the Defendant did not know that the female employees had sexual intercourse, the Defendant did not have any way to arrange sexual traffic.
3. Determination
A. The prosecutor, as the owner of entertainment establishments, is the defendant who is responsible for common principal offenders due to the act of arranging sexual traffic between male customers D and female employees E.
B. Article 2(1)1 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic provides that "the term "the act of sexual intercourse" means the act of sexual intercourse, or similar sexual intercourse using a part of body, such as mouth or anus, or implements, or becoming the other party thereto, in return for receiving or promising to receive money, valuables or other property benefits from an unspecified person." "the act of sexual intercourse" refers to the act of arranging sexual intercourse between the parties who intend to engage in sexual traffic and promoting mediation or convenience. Thus, in order to arrange sexual traffic, it does not necessarily require that the party who intends to engage in sexual traffic should actually engage in sexual traffic or face-to-face with each other. However, at least there is no involvement between the parties who intend to engage in sexual traffic, and at least there is no involvement between the parties concerned.