Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

From December 16, 2003, the Defendant is a business proprietor who operates the “C Innickhouse” located in the Dong-gu Incheon Metropolitan City, Dong-gu.

No person shall arrange, recommend, or induce an unspecified number of unspecified persons to engage in sexual intercourses and similar intercourses for the purpose of money, valuables, or property profits.

Nevertheless, on February 21, 2018, the Defendant, at around 23:15, visited the business place of Dong-gu Incheon Metropolitan City B, and "Cinsium" as customers, received 40,000 won of sexual traffic, and arranged sexual traffic for female employees to engage in sexual intercourse once.

As above, the Defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Legal statement of witness E;

1. Results of the CD reproduction of the recording file;

1. Application of statutes on site photographs;

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 selection of fines;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The investigation of this case is illegal as a crime-causing type naval investigation, and thus the procedure of prosecution is null and void in violation of the provisions of law.

B. The Defendant did not arrange sexual traffic, and only commences the commission thereof, and thus constitutes an attempted crime.

2. Determination

A. The illegality of the investigation of a person who does not have the original criminal intent as to the assertion that it is an illegal naval investigation is illegal to arrest the criminal by inducing an investigation agency to commit a crime by means of deception, attack, etc.

Therefore, it should be determined by considering the type and nature of the crime in question, the status and role of the inducer, the details and method of the inducer, the response of the inducer, the punishment power of the inducer, and the illegality of the inducing act itself in a specific case.

Supreme Court Decision 2006Do2339 Decided July 12, 2007