A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The Defendant is a person who operates a sexual traffic business establishment under the trade name, “D massage practice establishment” in Ulsan-gu, Ulsan-gu, from August 2016 to November 11, 2016.

On August 2016, the Defendant: (a) had the inside room and shower facilities for sexual traffic, the Red Sea, etc. on the 2nd to 8th floor of the building of the Damamama treatment place; (b) had employed female employees who conduct sexual traffic; and (c) agreed to provide 90,000 won out of the 180,000 won received from customers by giving them a cycle of 90,000 won; and (d) had female employees under the name of the above Dama treatment place from October 11, 2016 to November 11, 2016 arrange them to engage in sexual traffic with male customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police or prosecutor with respect to E and F;

1. Each photograph, report on the establishment of a place of massage practice, certificate thereof, and each protocol of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act (No. 1) of the Confiscation Act;

1. Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. [The amount (30,000 won) that the defendant paid to the inside-person with the payment from his customer cannot be deemed as gains acquired in return for commercial sex acts, and thus, it is reasonable to exclude the above amount equivalent to the above money. Thus, 3.3 million won (=import five million won x 2/3) should be collected additionally from the defendant as the amount equivalent to the income gained in return for commercial sex acts.]

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (from June to April, 1) of the types of sexual traffic crimes subject to the age of 19 or older, the scope of which is set forth in the sentencing guidelines, including mediation, etc. of sexual traffic (referring to mediation, etc. of sexual traffic by business, giving and receiving prices, etc.);

2. Circumstances unfavorable to the reasons for sentencing: The issue is not easy in light of the type, scale, etc. of the business, and the issue is controlled and punished at the same place.