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A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal power] On July 13, 2018, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution at the Seoul Central District Court, which became final and conclusive on July 21, 2018, and is currently under suspended execution.
【Criminal Facts】
From the beginning of July 2018 to October 1, 2018, the Defendant operated three officetels, such as Seoul, BBC, etc., in the trade name of Gangnam-gu, Seoul, and arranged the commercial sex acts by having the said male customers receive 100,000 to 190,000 won as the price for the commercial sex acts from 10 male customers on an average of 10,000 won per day on which he/she reported commercial sex acts that he/she opened on the Internet, and had them sexual intercourse with the said male customers.
[Defendant and defense counsel asserts that the offense committed before July 21, 2018, which was the day before and after the judgment, among the facts charged in this case, should be judged on the grounds that it is related to the crime of the previous final and conclusive judgment, which is the day before July 21, 2018. When a criminal trial becomes final and conclusive substantially, it shall not be repeatedly punished for the same offense, and when a public prosecution is instituted for the same case as a case with final and conclusive judgment, a judgment shall be rendered, and the facts charged or the identity of the facts charged shall be based on the defendant's act and social facts, taking into account the legal functions of the identity of the facts, and shall also be determined by taking into account the normative elements thereof (see, e.g., Supreme Court Decision 2004Do4758, Nov. 12, 2004; the health class and the facts charged in the final and conclusive judgment with respect to this case shall be referred to as "intermediating commercial sex acts in Gangnam-gu Office G from April 15, 27, 2018."