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(영문) 서울중앙지방법원 2018.08.17 2018고단3375
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by imprisonment for one year and a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 2 million at the Seoul Central District Court on December 10, 2008 for a violation of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, and a fine of KRW 5 million at the Seoul Western District Court on February 14, 201 for a violation of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, etc. (mediation of commercial sex acts, etc.). On December 12, 2016, the Defendant was sentenced to the suspension of indictment for a violation of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, etc. at the Seoul Central District Public Prosecutor’s Office.

No person shall arrange, solicit, induce, or compel an unspecified person to engage in commercial sex acts or sexual traffic, such as sexual intercourse or similar acts, against an unspecified person in return for receiving or promising to receive money, valuables, or other property benefits.

Nevertheless, from around August 2017 to around November 30 of the same year, the Defendant operated a trade name “C building in Gwanak-gu in Seoul Special Metropolitan City and “D” on leased No. 201, and sought a place, and had E (hereinafter “F”) who was employed in advance after receiving KRW 100,000 for the price for sexual traffic from the sexual customers, and had them sexual intercourse with them, thereby arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each witness to G and H;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated amount of collection), report on internal investigation (Attachment to photographs of control sites);

1. Article 19 (2) 1 and Article 24 of the Act on the Punishment of Acts, Including Mediation, etc. of elective Commercial Sex Acts, concerning facts constituting an offense, and Articles 19 (2) 1 and 24 of the same Act (Concurrent punishment of imprisonment and penalty);

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. The amount additionally collected pursuant to Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic: 600,000 won (=4 x 30,000 won x 2 x 25 days) / [4 average number of customers per day is four, and 3-40,000 won excluding 6-70,000 won paid to sexual traffic women out of 100,000 won per customer.]

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