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(영문) 대전지방법원 공주지원 2013.08.23 2013고단102
식품위생법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a 'D' bank in the context of official state C.

1. The Defendant, in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., employed 5-6 female employees from early 201 to early November 2012, operated the said “Dda” by employing 5-6 female employees from early 2011 to early 1, 201, received calls from male descendants who were fluent in the Gongju City, and let female employees cut the so-called “Tket” and let them do sexual intercourse in return for 100,000 won (at will, female employees receive KRW 200,000 from their own discretion).

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

2. A food service business operator violating the Food Sanitation Act received money and valuables from an employee in return for time beyond his/her place of business, or from an employee’s act of promoting or impliedly inducing such an act, the Defendant received money and valuables in return for the amount of time required by the employee, such as by employing female employees at the same time and place as in paragraph (1), and by making female employees drink with sons or singing, etc. by continuing the “kicket.”

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. The legal statement of witness E [the fact of paragraph (2) in the market];

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Imprisonment with prison labor, for the crimes concerned, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of arranging sexual traffic), Articles 97 subparagraph 6 and 44 (1) of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013); and for the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there is no record of punishment for the same crime);

1. Article 48 (1) 2 of the Criminal Act to be confiscated;

1. The Act on the Punishment of Acts of Arranging sexual traffic;

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