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(영문) 수원지방법원 성남지원 2021.03.17 2020고단4305
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. The defendant's partial statement (the fact that he/she has been notified of the crackdown on sexual traffic establishments as stated in its reasoning and the fact that he/she has leased the buildings to B and received rent of 1.6 million won);

1. Part of a protocol concerning the examination of suspect of the defendant;

1. The notification letter, C resting within the telecom, witness B’s monthly rent deposit statement, commercial monthly rent contract, detailed statement, certificate of real estate lease value, each investigation report (to hear the suspect’s telephone statement), investigation report (verification of the history of providing the place of sexual traffic in this case) / although the defendant was aware of a fact that the building was provided for sexual traffic, he did not intend to provide the building, even though he did not know that the building was provided for sexual traffic.

The argument is asserted.

However, after being notified that the above building was provided for sexual traffic, the defendant knew that the building was operated as a marina business in the sealed form by directly checking the inside section of the building.

Nevertheless, the building was leased as it was without changing the external signboard or internal structure by guaranteeing the lessee's premium, and even though it was up to the end of carrying on similar business such as marina business from the new lessee.

The defendant should be aware of the fact that the leased building is provided for commercial sex acts, and even if he received from a new lessee a promise not to engage in commercial sex acts, as long as the building continues to be leased without confirming that such situation has been terminated, the defendant's intention is deemed to exist and the defendant's assertion is not accepted.

Application of Statutes

1. Article 19 (1) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (1) 1 of the Act on the Punishment of Acts, etc. of Arranging

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

1. Articles 25 and 19(1) of the Act on the Punishment of Acts, Including Arrangement, etc. of Additional Collection of sexual traffic;

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