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(영문) 대전지방법원 천안지원 2014.12.18 2014고정1055
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant, who operates a business place with the trade name of "Asan City B and 302", was prohibited from engaging in the act of arranging sexual traffic, etc., but employed D as an employee after installing five studio studio, etc. in the above business place from June 1, 2013 to July 18, 2014, which had five strings equipped with simple beds, etc., from June 1, 2013 to July 18, 2014, and arranged sexual traffic by receiving 110,000 won in return for the single sexual intercourse between 50 minutes and 50 minutes against many unspecified male customers who find out the place to purchase sex.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or D;

1. Application of business registration certificate, copy of lease agreement statutes;

1. Article 19 (2) 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. A public prosecutor of collection of penalty surcharge shall seek to collect 10,325,00 won from a defendant in accordance with Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

The issue of whether or not collection is subject to strict certification is not necessary, but if it is impossible to specify the criminal proceeds subject to it, it can not be collected, and since the collection under Article 10 of the above Act is discretionary, it is decided whether or not to collect it even though it meets the requirements for collection is entrusted to the court's discretion.

According to the case's return to the case, according to the investigation report (the report on the calculation of criminal proceeds) bound in the investigation records, the prosecution clerk E calculates the criminal proceeds acquired by the defendant based on the defendant's statement as KRW 10,325,00, but this is the defendant.

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