Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who operates “D” in accordance with Article 111 of the Ilyang-dong, Busan Metropolitan City C Building 111.

No person who carries on the amusement business affecting the public morals, shall have any person do any obscene act, or mediate or provide it at a place which carries on the amusement business affecting the public morals.

On September 23, 2013, the Defendant: (a) received KRW 55,00 per hour from E, a guest, who found the said D, a place where the business affecting the amusement of the public morals is conducted; (b) and (c) had female employees F engage in obscene acts, such as customers and kis and pets.

The Defendant, including this, had employees engage in obscene acts with customers in the above D, which is a place where the Defendant had an amusement business affecting the public morals from August 2, 2013 to September 12, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. The description of each part of the police suspect examination protocol against the defendant or F;

1. A written statement;

1. Copy of the written statement;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Articles 10 (2) and 3 subparagraph 2 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Crimes;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On September 12, 2013, the Defendant: (a) received KRW 55,000 per hour from E, a guest, who found the foregoing D, a place of amusement business affecting the public morals at around 23:30 on September 12, 2013; and (b) had the female employee F perform sexual intercourse with the customer.

2. According to the evidence presented prior to the judgment, the facts that F had sexual intercourse with the customer at the time were recognized by F. However, it is insufficient to acknowledge the facts ordered by F as such by F. Furthermore, there is no other evidence to acknowledge it.

(M) In light of the above, the Defendant and F 2 made a statement to the effect that the Defendant “the Defendant did not engage in sexual intercourse to F.” Therefore, the facts charged constitute a case where there is no proof of a crime, and thus, the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act, but the amusement businesses affecting the public morals in relation to the crime.