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(영문) 대전지방법원 2015.02.03 2014고단3799
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by a fine of seven hundred thousand won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. From March 11, 2014 to July 4, 2014, Defendant A operated a marina business with the trade name “E” on the second floor of the D Building at Sejong City from March 1, 2014, Defendant A employed female workers, such as B and C, and let the said women find out the place and let them sexual intercourse with the unspecified number of male customers, and if Defendant A received KRW 110,000 per capita from the other male workers, 60,000 out of that amount shall be paid to female employees, and the remainder of KRW 50,000,000 from the other female workers was acquired as a brokerage fee by the Defendant.

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

2. Defendant B

A. On July 3, 2014, the Defendant: (a) received KRW 110,00 from a male guest who was found in the place of the said “E” business; and (b) engaged in sexual intercourse with the said male; and (c) committed sexual intercourse.

B. On the same day, the Defendant received KRW 110,00 from a male guest on his name, who was found in the place of marina business as above, and engaged in sexual intercourse with the above male, thereby engaging in sexual intercourse.

3. Around July 3, 2014, Defendant C received KRW 110,00 from a male guest who was found in the “E” marina business, and engaged in sexual intercourse with the said male, thereby engaging in sexual intercourse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Scenic photographs;

1. Application of Acts and subordinate statutes on each real estate lease contract;

1. Defendant A of the relevant criminal facts: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Imprisonment), and Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Fine)

1. The former part of Article 37, Article 38 (1) 6, and Article 50 of the Criminal Act among concurrent crimes (Defendant B);

1. Article 70 (1) and Article 69 (2) of the Criminal Act (Defendant B and C) of the Labor House Detention Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Probation and community service order (defendant A) shall be judged as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act;

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