Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 18, 2019, the Defendant: (a) around 16:20, the Defendant, in the inn of “C” operated by the Defendant in Yongsan-gu Seoul Metropolitan Government, had D perform sexual intercourse with an unspecified number of male descendants; (b) received 50,000 won from the male grandchildren to pay 25,000 won out of the price, and arranged sexual traffic by means of acquiring 25,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements prepared in connection with D;

1. Application of statutes on site photographs;

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of a fine concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic is a penal provision premised on the possibility of realizing sexual traffic. A police officer who disguises with customers does not have an intention to purchase the initial sexual traffic, and thus, there is no room to pursue sexual traffic with the women of sexual traffic. Thus, even if the defendant arranged the above police officer for sexual traffic, the crime of violation of Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic is not established.

2. Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (hereinafter “the Act on the Punishment of Sexual Traffic”) provides that “A person who has committed an act of arranging sexual traffic, etc. shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won.” Article 2(1)2 of the same Act lists the acts falling under “act of arranging sexual traffic, etc.” and stipulates that “an act of arranging, soliciting, inducing, or coercing sexual traffic” under Article 2(1)2 of the same

Here, the term "act mediating sexual traffic" means acting as a broker or promoting convenience between the parties who intend to engage in sexual traffic.

Supreme Court Decision 201. 201