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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2449
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 15,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On June 14, 2017, Defendant A: (a) received KRW 80,00 as the consideration for the similarity from the nameless customers who found the said establishment at the “E” establishment located in D2 in Gwangju-si, Gwangju-si; and (b) allowed F, a female sexual traffic, to do the act of similarity in a way that scams the sexual organ of the said customer by hand, thereby engaging in the act of arranging sexual traffic.

2. Defendant B, as the owner of the building in Gwangju City, concluded a lease agreement with A on May 30, 2017 with the second floor of the building in question (a lease deposit amounting to KRW 15 million, monthly rent amounting to KRW 1.2 million) and leased the second floor of the building to A from around May 30, 2019, even though he/she was aware that A had engaged in commercial sex acts as “E” on the second floor of the building in question.

As a result, the defendant provided a building with knowledge of the fact that sexual traffic is provided, and provided a commercial sex trafficking broker.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. A real estate lease agreement;

1. Each photograph;

1. Application of Acts and subordinate statutes governing registration;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic, concerning facts constituting an offense, and Article 19 (2) 1 of the same Act and selection of fines;

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

1. The grounds for the sentencing of Article 334(1) of the Criminal Procedure Act under the Criminal Procedure Act are as follows: (a) the act of arranging sexual traffic with the reason for the sentencing of Article 334(1) of the Criminal Procedure Act does not have a significant social hazard, such as the commercialization of sex and undermining sound sexual culture and good morals; and (b) Defendant B committed the instant crime without being aware of it even during the suspended execution period

However, Defendant A was the first offender, and the Defendants shown an attitude of confessioning and reflecting each of the instant crimes, the Defendants did not repeat the crime, and Defendant B entered into a lease agreement with Defendant A.

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