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(영문) 의정부지방법원 2014.11.24 2014고단3377
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Any person who violates the Medical Service Act shall, when he intends to establish a massage place, obtain a recognition of qualification from the competent Mayor/Do governor;

Although the Defendant did not obtain recognition of a massage, from November 14, 2013 to May 6, 2014, the Defendant operated a massage place with the trade name of “Cmast” in the second floor of the building B in Nam-si, Namyang-si, with eight rooms installed as a simple intrusion, and operated a massage place on the second floor of the building B in Nam-si, Namyang-si, with 20,000 won from customers and 1,50,000 won from customers on the part of the massage part, and had female employees of the shipbuilding satisfaction who were not qualified as a massage take care of the customer’s, etc., her hand, shoulder, bath, sal.

As a result, the Defendant established a massage place without obtaining the recognition of a massage operator.

2. The Defendant, in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.), was willing to arrange commercial sex acts from May 7, 2014 in order to make more profits while operating an massage place as set forth in paragraph (1).

On June 12, 2014, around 16:50 on June 12, 2014, the Defendant: (a) received KRW 130,00 from two customers; (b) assisted female employees D and E to engage in sexual intercourse with customers; and (c) assisted female employees by receiving KRW 130,00 from many unspecified customers at the business establishment referred to in paragraph (1) from May 7, 2014 to June 12, 2014.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of D and E;

1. On-site photographs;

1. Application of the statutes on reference materials for value-added tax return and copies thereof;

1. Relevant Article of the Act on the Punishment of Acts of Arranging Sexual Traffic, Articles 87 (1) 2, 33 (2), and 82 (3) of the Medical Service Act on the Punishment of Acts of Arranging Sexual Traffic, and Selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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