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(영문) 대구지방법원 2019.10.15.선고 2019고단4437 판결
가.성매매알선등행위의처벌에관한법률위반(성매매알선등)나.범죄수익은닉의규제및처벌등에관한법률위반
Cases

1. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic)

Mediation, etc.)

(b) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

Defendant

1.(a)(b) ○○(68-2)(2) , non-permanent

Busan

Seoul basic domicile

2.(a) ○○ (65-2) , without a watch

Housing Daegu

original domicile Gyeongnam-si, Gyeongnam-si

3.A.O.O. (75-2.) and Nos. (75-2)

Housing Daegu

Newly Inserted by Act No. 1164

Prosecutor

Na police officer, Kim Jong-young (Public trial)

Defense Counsel

Law Firm Han River (for the purpose of this Act by Defendant 00)

Attorney Lee Dong-young

Imposition of Judgment

October 15, 2019

Text

Defendant ○○ was punished by imprisonment for two years, by imprisonment for eight months, and by imprisonment for six months, on the part of Defendant ○○.

However, for two years from the date this judgment became final and conclusive, the execution of each of the above punishment against Defendant ○○ and OO○○ shall be suspended.

Defendant 1, 120 hours of probation, and each community service order is issued to Defendant 2, 2, 3, and Daegu District Court 2019 early 862, and the obligation to return deposit money preserved for forfeiture by the Daegu District Court 2019 early 1041, and the obligation to return deposit money for automobile lease (lease) preserved by the Daegu District Court 201 early 201 shall be confiscated from Defendant 2, 3, and 120 hours of probation against Defendant 1, and the right to deposit money in the name of the Daegu District Court 2019 early 1167 shall be confiscated from Defendant 2, 3 and Daegu District Court 201.

Reasons

Criminal History Office

Defendant ○○, from November 25, 2010 to Daegu City, owns 12 points (the 6th floor building and its site, hereinafter referred to as “A”) located in the 12th place (the 6th floor building and its site, hereinafter referred to as “A”) from Daegu City, is a unemployment of A, which is a sexual traffic business establishment, and Defendant ○○○ and Defendant ○○, a person who is in charge of the 'the 6th floor president' if he is controlled by the police while parking, managing, and soliciting.

1. Defendant Lee ○○

(a) Business of arranging sexual traffic, etc.;

No one shall arrange to engage in sexual intercourse with unspecified persons, such as sexual intercourse or similar sexual intercourse using a part of body, such as mouth or anus, or implements, or to become the counterpart thereof, in return for receiving or promising to receive money, valuables or other benefits from such unspecified persons.

(i)Inception with ○○, Balebale,

On November 25, 2010, the Defendant conspiredd to engage in the act of arranging sexual traffic, etc. on or around November 25, 2010, along with Ma○○ and Bale Bright (the Defendant’s friendship, the Defendant’s death on or around December 13, 2014). From around that time to February 2017, the Defendant, in overall control over the management of the Defendant, employed female workers as employees, and had them receive sexual traffic (the amount of KRW 80,00 per hour, KRW 160 per hour, etc.) from the unspecified number of male descendants who found at that place while engaging in the act of arranging sexual traffic, and had female employees do sexual intercourse with the said male grandchildren.

Accordingly, the defendant committed a business of arranging sexual traffic in collusion with the two Koreas.

2) The defendant's sole criminal conduct

From October 9, 2018 to February 2, 2019, the Defendant employed a female employee from A to the end of the same year, and received the payment for sexual traffic (30,000 won, 1.60,000 won, etc.) from an unspecified number of male descendants who found in the place. The Defendant provided guidance to the room in which female employees are located, and had female employees do sexual intercourse with the said male grandchildren, thereby allowing them to arrange sexual traffic.

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

3) An conspiracy with ○○○

At the same time, the Defendant conspiredd to engage in the act of arranging sexual traffic, etc. around March 1, 2019, and then, from around that time to April 11, 2019, the Defendant, while overalling the operation of the Defendant, employed Bale Bale, lele, etc. as female employees, and had her female employees receive the price for sexual traffic (30 million won, 1.60 million won, etc.) from a large number of male descendants found in that place while engaging in the act of arranging sexual traffic (30 million won, 1.6 million won, etc.) from a large number of male descendants who had a female employee, and had a female employee do sexual intercourse with the said female employee to arrange sexual traffic. Accordingly, the Defendant acted in collusion with ○○, thereby engaging in the act of arranging sexual traffic, etc.

(b) Providing a building knowing that it is provided for sexual traffic;

No one shall provide a place for sexual traffic or provide a place for sexual traffic so that an unspecified person may engage in sexual intercourse or similar sexual intercourse using a part of his/her body, such as sexual intercourse, mouth or anus, or implements, or become the other party thereto, in return for receiving or promising to receive money, valuables or other benefits from such unspecified person.

Nevertheless, the Defendant acquired the ownership of a site and building of A around November 25, 2010 and provided A with a view to engaging in the act of arranging commercial sex acts, etc. from July 14, 2016 to February 2017; from October 9, 2018 to February 8, 2019; and from March 1, 2019 to April 11, 2019, the Defendant knowingly provided A with a view to providing commercial sex acts, etc.

On April 12, 2019, the Defendant entered into a contract with the Trade Union and Commonwealth of Korea to sell KRW 1,263,00,000 of the building and the site of the Trade Union and Commonwealth of Korea, which had been provided as a place for commercial sex acts, to the Trade Union and Commonwealth of Korea on April 12, 2019. On the same day, the Defendant received KRW 50,000,000 through the same account under the same name as of April 13, 2019, KRW 848,868,64, 264, 2636, 264, 200, and 50,000 through the same account as of April 16, 2019. On the same day, the Defendant transferred the title of ownership registration of the above 1/2 share to the Trade Union and Commonwealth of Korea on April 16, 2019.

On April 24, 2019, the Defendant continued to convert 149,000,000 won out of the balance kept in the Defendant’s account in Daegu from “Korea Bank Branch” around 09:38, 201 to the bearer account. Accordingly, the Defendant concealed criminal proceeds for the purpose of pretending the assets lawfully acquired.

2. Defendant’s ship ○○

At the same time, the Defendant conspiredd to perform the act of arranging sexual traffic, etc. as set forth in the above 1. A, from July 14, 2016 to February 2, 2017, the Defendant, while exercising overall control over the operation of ○○○, employs female workers as employees, and the Defendant, while receiving the price for sexual traffic (1.60,00 won, 80 won, 1.60,000 won, etc.) from a large number of male descendants who find out in the place, while giving them a guide to the room where a female employee is employed, and arranged sexual traffic by having the said female employee do sexual intercourse with the said male grandchildren. Accordingly, the Defendant conspired with this0 to engage in the act of arranging sexual traffic, etc.

3. Defendant Oral ○○

The Defendant, along with this ○○○, conspiredd to engage in the act of arranging sexual traffic as set forth in the above 1.A. 3, from March 1, 2019 to April 11, 2019, the Defendant, while exercising overall control over the operation of 00 from around March 1, 2019 to around April 11, 201, employed female workers as employees; the Defendant, while engaging in the act of arranging sexual traffic, etc., received the payment for sexual traffic (1.60,00 won, 80 won, 1.60 won, 1.60 won, etc.) from the unspecified number of male descendants who found in that place; by guiding them to the room in which female employees are located, assisted female employees to have sexual intercourse with the said male descendants, thereby arranging sexual traffic. Accordingly, the Defendant engaged in the act of arranging sexual traffic, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol;

1. Each police statement;

1. A copy of each police statement;

1. Each protocol of seizure, each list of seizure; 1. A certified copy of the real estate register ( Daegu);

1. Details of waterworks charges and charges;

1. Details of the telephone conversations, etc. on suspect's cell phones 00-use;

1. Application of the Acts and subordinate statutes on the details of money transactions by ○○○○ and ○○○○○○ of a suspect;

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and this ○○○: Imprisonment with prison labor under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the point of arranging a single business and providing a place of sexual traffic), Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Article 3 (1) 3 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (the point of concealing criminal proceeds), Article 3 (1) 3 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment

Defendant 1 ○○ and OO○: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, the choice of imprisonment

1. Aggravation for concurrent crimes;

Defendant ○○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendant ○○, ○○: Article 62(1) of the Criminal Act

1. Probation and community service order;

Defendant ○○, ○○: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant OO: The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the punishment of acts of arranging sexual traffic; (b) Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic; (c) Article 8(1)2 and 4 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment; and (d) the proviso of Article 9(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (the awareness of the circumstances after the crime was committed) as follows; and (d) the Defendant’s age, occupation, character and conduct, environment; (c) motive, means and consequence of the crime;

0. Unfavorable circumstances: The size and period of a sexual traffic business establishment operated by the Defendants is large, and its profits are also reasonable. In the case of the Defendants, there are many kinds of fines to the Defendants. In the case of Defendant 00, the sale of real estate used in the criminal act is prohibited, or the ownership is transferred to the de facto spouse, and the nature of the crime is very high.

The circumstances favorable to ○ : The defendants are led to confession and reflect.

Judges

Judges Kim Jae-hwan

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