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(영문) 청주지방법원 영동지원 2021.02.09 2020고정15
성매매알선등행위의처벌에관한법률위반
Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

B A is a person who operates entertainment points in the name of "D" in the name of "D," and the defendant A is a person who works as the head of the office at the above entertainment points.

1. On November 5, 2019, Defendant A: (a) around 20:30 on November 5, 2019, the Defendant got cash of KRW 200,000 from customer E at the above entertainment entertainment shop; and (b) allowed E to engage in sexual traffic with the F, an employee, and arranged sexual traffic.

2. Defendant B as the owner of the above amusement shop, and at the time and place specified in paragraph (1), Defendant B, an employee of the Defendant, arranged sexual traffic as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness E and F;

1. A copy of invoice, business cooperation, and investigation report (to be attached toCCTV images - G);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to defense counsel opinions;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 19(1)1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic, and Selection of a fine

B. Defendant B: The main sentence of Article 27 and Article 19(1)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Confiscation Defendant A: Chapter 4 of KRW 50,00,00 (Evidence 1) seized under Article 48(1)2 of the Criminal Act is paid by Defendant A to F upon receipt from Defendant E, and the F voluntarily submitted to an investigative agency and seized and deemed to be the ownership of F other than Defendant A (no circumstance exists that the said money does not belong to a person other than Defendant A due to the waiver of ownership, etc.). Thus, the said money may not be confiscated from Defendant A pursuant to Article 25 of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts.

However, the said money was acquired by Defendant A by committing the instant crime with the knowledge of the fact that the F was a person other than the offender after committing the instant crime.

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