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(영문) 춘천지방법원 강릉지원 2013.10.16 2013고단422
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 700,00.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A, from September 1, 2008 to March 11, 2013, operated a massage and a sexual traffic business establishment with the trade name of “E” on the 4th floor located in Gangseo-si D, and installed three shower rooms and one simple shower rooms, respectively. Defendant A, from among the unspecified male customers who found the above business establishment, received 1.30,00 won in cash from the unspecified number of male customers in return for sexual traffic and arranged them to engage in the said customer and sexual traffic, and acquired profits equivalent to 201,631,514 won during the said period.

Accordingly, the Defendant, from September 1, 2008 to March 11, 2013, engaged in arranging commercial sex acts, etc. for business purposes.

2. On October 5, 2012, from around October 5, 2012 to around February 23, 2012, Defendant B served as an employee at the “E” business establishment as indicated in paragraph (1) and served from around 20:00 to around 05:00 the next day and received KRW 700,000 per month, and managed the overall operation of customers, including guidance, calculation, and marketing of sales, who found the above business establishment during the Defendant’s working hours.

Accordingly, the defendant conspireds with A to arrange commercial sex acts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning F;

1. Application of enforcement manuals and photographs, and investigation reports (specific details of profits from sales of credit cards with the suspect's account)-related statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Options of Imprisonment): Defendant B: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Article 30 of the Criminal Act

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A who is under the suspension of execution: Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for the suspension of execution);

1. Probation and the accused of an order of community service;

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