2013 Highest 342 Violation of the Punishment of Arrangement of Commercial Sex Acts (the Act on the Punishment of Commercial Sex Acts, Etc.)

1. A;

2. BI

3. C

Kim Won-won (Lawsuits) and Lee Jong-young (Trial)

Attorney Doh-young (for the Defendants)

April 26, 2013

Defendant A shall be punished by imprisonment with prison labor for up to eight months, Defendant B and C, and six months.

(2) For Defendant A, and for Defendant B and C, respectively, from the date this judgment became final and conclusive;

For one year, the execution of each sentence above shall be suspended.

Seized evidence Nos. 1 through 8 shall be confiscated from Defendant B.

Defendant A shall order each of 40 hours of community service for 80 hours, Defendant B, and C.

Criminal facts

Defendants are Chinese nationals who actually operate ‘Esing shop' on the second floor of Ulsan-gu, Ulsan-gu, U.S. and U.S.

The Defendants, while operating the above main points, received 120,000 won per hour against the men who want to engage in sexual traffic after enjoying entertainment at the above main points, and received 150,000 won for 2 hours to acquire 40,000 won among them, and provided the remainder to the sexual traffic women. The Defendants recruited to arrange sexual traffic by having the employees F, G, etc. move to the Heel in the vicinity and let them move to the Heel in the vicinity.

From the end of September 2012 to November 6, 2012, the Defendants received 420,000 won in cash, including the liquor price and the cost of sexual traffic, from the above main point of week: around 00, the Defendants arranged to engage in sexual traffic on approximately 6-7 occasions from around September 2012 to around November 6, 2012.

Accordingly, the Defendants conspired to commit acts such as arranging commercial sex acts for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against Defendants, I, J, F, and G

1. Police seizure records and the list of seizures;

1. On-site photographs;

1. A copy of a note, or a copy of a book;

Application of Statutes

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

Defendants: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic; Article 19(2)1 of the Criminal Act

Article 30. Selection of each Imprisonment

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (Reasons for Sentencing as follows)

1. Social service order;

Defendants: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant B: Article 48(1) of the Criminal Act; Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic

Reasons for sentencing

Although the Defendants do not seem to have committed the crime of arranging commercial sex acts for business purposes, the Defendants are under the criminal conduct and reflect of the Defendants, there is no record of punishment in Korea, the conspiracy, frequency, etc. of commercial sex acts mediation, coercion and exploitation of commercial sex acts for the women in commercial sex acts, and other factors such as the Defendants’ age, character and conduct, environment, and circumstances after the crime, etc.

Taking into account the conditions, the defendants shall be sentenced to the punishment as ordered and the execution of the punishment shall be suspended, and the service shall be ordered.

Judges Jeong Sung-ho