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(영문) 인천지방법원 2014.11.26 2014고단7310
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a business proprietor operating an officetel sexual traffic business in the name of “E” by having a female employee and sexual intercourse with a female employee by receiving sexual traffic payment from customers who contact with a mobile phone number posted on a promotional site of an Internet sexual traffic business establishment, after employing a female employee D, etc. at the Nam-gu Incheon Metropolitan City Ctel.

On October 8, 2014, at around 00:30, the Defendant: (a) received 140,000 won from a male guest on the first floor of the instant officetel from his name-free male customer; (b) assisted the sexual traffic by having D, a female employee, provide sexual intercourse with his/her son, thereby arranging the sexual traffic; and (c) around July 20, 2014, the average of 6-7 times per day from around October 20, 2014 to around October 8, 2014 to arrange the sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, and H;

1. Statement made to D by the police;

1. Each protocol of seizure and the list of seizure;

1. Advertisements posted on the Internet of E business establishments;

1. Application of statutes on site photographs;

1. Relevant Articles 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the concurrent punishment of imprisonment and fines;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 48 (1) of the Criminal Act of confiscation;

1. Calculation of the amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: Average of 50,000 won per time ( = 140,000 won for sexual traffic - price of 90,000 won paid to female employees) ¡¿ 6 times per day ¡¿ 47 days = 14,100,000 won; and

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The aggravated area (1 to 3 years) (1 to 1 year), the aggravated area (1 to 3 years), such as the types of sexual traffic crimes subject to 19 years of age or older, the brokerage, etc. of sexual traffic (referring to the brokerage, etc. of sexual traffic due to the receipt, payment, etc. of remuneration) shall be set forth in the sentencing guidelines.

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