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Defendant shall be punished by imprisonment with prison labor for up to six months and by a fine of up to five million won.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as the owner of the 1st floor and 4th floor above the above building in Seocho-si, operated a commercial entertainment business establishment under the trade name of the former lessee D in the above building E, and was aware of the fact that the above building was provided as a commercial entertainment place on February 16, 2017, the Defendant provided D with a notification from the Seocho-si Police Station around February 16, 2017 and continued to engage in commercial sex acts in the above building. However, on October 11, 2016, the Defendant agreed that D succeed to the lease agreement on the 2nd floor of the above building without taking any measures after leasing the above building. On February 28, 2017, the Defendant provided D with a lease agreement on the 2nd floor above to D and continuously leased the above building with a lease deposit of KRW 8 million, a year of KRW 8 million, and provided F with the knowledge that it continues to engage in commercial sex acts, thereby engaging in commercial sex acts.
Summary of Evidence
1. Statement made by the police with regard to F;
1. Building ledger;
1. Notices of notification;
1. The defendant and his defense counsel asserted that the lease of a building to F does not constitute a crime since F did not know that it would continue to engage in commercial sex acts by succeeding to D's lease contract.
However, when considering the circumstances acknowledged by evidence such as the fact that the Defendant was punished by each fine of 2015 and 2016 for the business of arranging sexual traffic in the same place as D, the fact that D introduced F as a successor to the lease agreement, and F runs the same trade name as D, the Defendant did not separately confirm whether the F was a remodeling construction work or the business status, the Defendant did not recognize the F’s act of arranging sexual traffic in the F’s decision.
shall be assessed.
We do not accept the above argument.
Application of Statutes
1. The punishment of an act of arranging, etc. selective sexual traffic shall be concurrently imposed on a crime under the relevant Article of the Act and Articles 19 (1) 1 and 24 of the Act on the Punishment of Acts, Etc., and imprisonment and a fine;
1. Article 62(1) of the Criminal Act 1.