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(영문) 수원지방법원 성남지원 2019.07.09 2019고단648
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

On November 30, 2018, the Defendant: (a) leased building C and D in Sungnam-si, Sungnam-si; (b) employed E and F, a female sexual traffic, and (c) mediated sexual traffic by receiving 6,020,000 won in total from 90,000 won to 1,40,000 won per man on the name of 23 male, who reported and contacted advertisements of arranging sexual traffic posted by the Defendant on the Internet website at the 2st office of the above 2nd office around November 30, 2018; and (c) arrange sexual traffic by receiving 6,020,000 won from 90 to 5,000 won per man; and (d) around that time, from around that time, from around 2019 to February 5, 2019 as indicated in the attached list of crimes.

Accordingly, the defendant acted as a broker for sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A photograph of advertisement of arranging sexual traffic (17 pages of investigation records), a field photograph (20 pages of investigation records);

1. Application of Acts and subordinate statutes on detailed statement of transaction by account, each lease contract (93 pages, 94 pages of investigation records);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment (compacting imprisonment with prison labor, with prison labor),

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [the collection under the above provision is limited to the profits actually acquired by the criminal (see, e.g., Supreme Court Decision 2009Do2223, May 14, 2009). Considering the method of the crime of this case, the employment relationship with the women of sexual traffic, and the method of distributing profits therefrom, etc., it is reasonable to collect only 24,364,700 won, which is the remainder, excluding the amount equivalent to 60,200,000 won, which is the sum paid by the defendant to the women of sexual traffic among the total sum of 60,200,000 won, which is paid from the sexual buyers,

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