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(영문) 부산지방법원 서부지원 2021.01.21 2020고단1962
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates a sexual traffic business establishment called "D" in Seo-gu Busan, and the defendant B is the owner of the building and the land in the above business establishment.

1. No person shall engage in any act, such as arranging sexual traffic, for business purposes;

Nevertheless, at around 02:20 on March 14, 2020, the Defendant received 80,000 won from the male who had been a guest in the above D, and provided sexual traffic by providing sexual traffic, E, a female sexual traffic, and arranged sexual traffic. From December 2019 to April 20, 202, the Defendant operated the said sexual traffic business and arranged sexual traffic in the same manner.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

2. On October 2019, Defendant B provided the above building and land to a female E, who received KRW 80,000,000 per month from A even though he/she knew that he/she would rent the building D from the above building on condition that he/she would operate a sexual traffic business establishment by leasing the building D, and he/she received KRW 1,00,00 per month from A on March 14, 2020, as described in paragraph (1) from the above D, and provided the above building and land from December 2019 to April 20, 202.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of F, E, G, and H;

1. On-site photographs, photographs, and control site photographs;

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes of each report on internal investigation (the sequence 3, 16, 46 of the evidence list);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the choice of imprisonment);

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (elective selection)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62(1)1 of the Criminal Act;

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