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(영문) 서울동부지방법원 2018.06.15 2018고단849
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A installed six rooms, one warehouse, one waiting room, one toilet, etc. at the Gwangjin-gu Seoul Special Metropolitan City and the third floor, equipped with CCTV for avoiding crackdown, and a portable phone for business with customers, and operated a mutual sexual traffic business establishment called “D”.

On November 20, 2017, from around November 30, 2017 to around November 30, 2017, the Defendant employed a female sexual traffic, such as E (Suspension of Prosecution on the same day) at the said business establishment, and arranged to engage in a similar act with a female sexual traffic by obtaining 40,00 won from a customer who found his/her place around November 30, 2017, and 15,000 won as a brokerage fee, and arranged to engage in a similar act between many and unspecified males and female sexual traffic for the above period.

Accordingly, Defendant A committed acts such as arranging sexual traffic for business purposes.

2. Defendant B, despite being aware of the fact that Defendant B, as described in paragraph (1), engaged in the act of arranging sexual traffic, etc. for business purposes as described in paragraph (1), received KRW 1.5 million per month from A around November 20, 2017, and was employed by Defendant B, and provided guidance to men who had contact with a business owner from around that time to November 30, 2017, and received sexual traffic payment.

Accordingly, Defendant B made it easy for Defendant B to commit the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the interrogation of suspects of E;

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

1. Each investigation report (7 to 9 times a year);

1. Application of statutes on business registration certificates and monthly rent contracts for commercial buildings;

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

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (Selection of a punishment penalty);

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. and Article 32(1) of the Criminal Act (elective selection)

1. Defendant B of statutory mitigation: Article 32 of the Criminal Act.

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