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(영문) 대전지방법원 홍성지원 2015.11.18 2015고정296
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

The defendant is a person who operates a sexual traffic business in the trade name of "D" on the second floor of Hongsung-gun, Chungcheongnam-gun, and E is a worker who is viewed as a carper at the above sexual traffic business establishment.

Around July 2, 2015, the Defendant conspired with E to arrange commercial sex acts by arranging commercial sex acts by receiving KRW 100,000 from an unclaimed customer who found the place at the said commercial sex acts place, and allowing female employees to do the act of similarity by putting the sexual organ of the said customer in hand, and allowing them to do the act of similarity. From March 20, 2015 to July 2, 2015, the Defendant arranged commercial sex acts by the said method. The Defendant arranged commercial sex acts by the said method from June 1, 2015 to July 2, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to F, G, and H;

1. Seizure records;

1. Requests for the details of sales;

1. Daily balance sheet;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 1 of the same Act and Article 30 of the Criminal Act;

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

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) 1 of the Criminal Act;

1. The purpose of the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive customers of unjust enrichment from the said act in order to eradicate the acts of arranging commercial sex acts, etc. Thus, where half of the amount they received from customers, such as arranging commercial sex acts, is paid to the women of commercial sex acts, the scope of the collection shall be limited to the actual acquisition (see Supreme Court Decision 2009Do223, May 14, 2009). According to the above evidence, the sum of money received from customers while arranging commercial sex acts as stated in the judgment of the defendant is 16,860.

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