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(영문) 제주지방법원 2019.05.02 2018고단1471
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by imprisonment with prison labor for up to six months and by a fine of up to five million won.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of building B C at Jeju.

No person shall provide funds, land or buildings, knowing that they are provided for sexual traffic.

Nevertheless, around April 7, 2017 and July 28, 2017, the Defendant provided a building with the knowledge of the fact that D lessee of the building in question was engaged in sexual traffic brokerage business under the trade name "E" at the above store and was aware that the building was used as a sexual traffic business establishment on November 2017, the Defendant received the annual rent of KRW 13 million from D around November 2017 and had D continue to engage in sexual traffic business until April 30, 2018, thereby allowing D to engage in sexual traffic business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report, closure of a public morals business management system screen, notification letter, collective building register, investigation report (a copy of forwarded case in violation of the Punishment of Arrangement of Commercial Sex Acts, Etc. Act), private opinion, copy of a protocol of suspect suspect examination, real estate lease contract, complaint, and criminal investigation report (D telephone statement hearing);

1. The punishment of Articles 19 (1) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. shall be concurrently imposed with respect to facts constituting an offense and the punishment of imprisonment and a fine;

1. Article 62 (1) of the Criminal Act for a suspended sentence;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to determine the punishment as ordered in consideration of all the circumstances that conditions for sentencing, including the period of lease and rent, the amount of the defendant's age, environment, and circumstances after the crime, etc., although the defendant was aware of the fact that he provided a building for sexual traffic with the same location of the same building and received a summary order, in view of the fact that he provided the same building.

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