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(영문) 의정부지방법원 2017.01.12 2016고정1921
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From December 16, 2008, the Defendant is the owner of the 4th floor building on the D ground in Yangju-si to the present date.

Around December 20, 2013, the Defendant entered into a lease agreement with E on the third floor of the above building with a security deposit of KRW 10 million and KRW 400,000,000 on the third floor of the building at the first floor of the building. On October 14, 2014, the Defendant controlled that E is operating a sexual traffic business at the above-mentioned police station around November 11, 2014, and the Defendant was informed of the fact that E was used as a sexual traffic business place after being summoned as a witness by the Yangju Police Station on September 22, 2015.

Nevertheless, the Defendant, even from November 11, 2014 to March 14, 2016, had E operate a sexual traffic business establishment with the trade name “F” from the third floor of the above building, provided the said building with awareness of the fact that it was offered for sexual traffic for business purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the interrogation of suspects of E by the police;

1. G statements;

1. Investigation report (Attachment, such as suspect E written decisions and investigation records);

1. A copy of the commercial lease agreement (the defendant and his/her defense counsel did not engage in commercial sex acts from December 24, 2015 to March 11, 2016; thus, during the above period, the defendant provided a building knowing that he/she was provided for commercial sex acts.

Therefore, it is argued that the monthly rent during this period should be deducted from the additional collection charge, while denying the criminal intent.

Although the lessee of a building was unaware of the fact that he/she was provided for sexual traffic at the time of the lease, the lease relationship is terminated by cancelling the lease contract of the building and expressing his/her intention to demand the return of possession, as a result of the receipt of notification from an investigation agency or the process of investigation by the investigation agency.

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