Text
Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 6,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is an employee who worked on July 18, 2019 at a “D” establishment located on the second floor of the member-gu Seoul Building in Ansan-si and Defendant B is the owner of the above “D” establishment.
1. No person who intends to arrange, solicit, induce, or compel sexual traffic;
Nevertheless, on July 18, 2019, at the above "D" business establishment around 21:20 on July 18, 2019, the Defendant received 100,000 won for sexual traffic from the patrol police officer who was found to be a customer and gave guidance to the police officer in charge of sexual traffic seven times, and arranged sexual traffic by sending F(48,00,000 won for sexual traffic) as a woman of sexual traffic to one time for sexual intercourse between 90 minutes.
2. Defendant B neglected to exercise due diligence and supervision over his duties, such as prohibiting an employee A from arranging sexual traffic, at the time and place specified in paragraph (1). As such, Defendant B, an employee, arranged sexual traffic in the manner described in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. Report on the occurrence of the case, report on internal investigation and investigation report (record recording at the time of the case);
1. Business registration certificate, lease contract;
1. Application of statutes on site photographs;
1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.; Defendant A who selects a fine: Articles 27 and 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Defendant A with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: The crime of arranging sexual traffic is not likely to have considerable social harm and harm, such as the commercialization of sex and harm to the sound sexual culture and good morals, and thus, it is necessary to strictly punish the crime. The work as an employee and there is no record of criminal punishment, and other records and trial process, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc.