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(영문) 수원지방법원 성남지원 2019.01.09 2018고정1078
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the owner of the building in Gwangju City, leased the 4th floor of the above building to E who operates the commercial sex acts business establishment under the trade name of "D," but on February 9, 2017, the said business establishment was controlled by the commercial sex acts, and on February 20, 2017, provided the said building as the commercial sex acts place by the chief of the Gwangju Police Station, which again received notification demanding cooperation so that the said building does not be provided as the commercial sex acts place.

Nevertheless, on November 21, 2017, the Defendant continued to lease the fourth floor of the above building to E who operates the said “D” sexual traffic establishments, and controlled again the said establishment of sexual traffic, and on May 2, 2018, by providing the said building as a place of sexual traffic until May 2, 2018, such as regulating the said establishment as a place of sexual traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. The prosecutor's statement concerning G;

1. The Defendant and his defense counsel, who received a letter of commitment from the lessee G on August 31, 2017, that the Defendant would not engage in illegal business, claiming that the above building was not aware that the lessee was run as a sexual traffic business establishment by the lessee.

Article 2 (1) 2 (c) of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that "the act of providing a building knowing the fact that the building is provided for sexual traffic" constitutes "the act of arranging sexual traffic". In light of the legislative purport of the Act on the Punishment of Acts of Arranging Sexual Traffic and the fact that the above provision does not limit the acts of compelling, arranging, etc. sexual traffic which are connected with the supplier of sexual traffic to eradicate sexual traffic and the commercial sex acts of arranging sexual traffic, etc., which are not limited to the act of delivering the building.

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