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1. Defendant shall be punished by a fine of 5,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
On November 2015, the Defendant leased two rooms of Seo-gu Btel in Gwangju-si, Gwangju-si, and used female employees to operate a sexual traffic business establishment in the name of "C".
From February 2, 2016 to April 28, 2016, the Defendant received 80,000 won from the customers who find their places from the above “C” and directed them to the relevant room, and had female employees do a similar sexual intercourse that stimulates the customers’ sexual organ by hand.
Accordingly, the defendant arranged sexual traffic for business purposes.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. C internal photographs, Handphones and caps, photographs and investigation reports (report attached to a lease agreement);
1. Application of Acts and subordinate statutes to a report on investigation (report on the contents of A currency of a suspect), investigation report (report on the calculation of additional collection related to sale);
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Selection of a fine concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [where several persons who calculate the amount of additional collection jointly engages in an act of arranging sexual traffic, etc., and it is impossible to confiscate the money, goods and other property acquired from the relevant crime, the value of profits actually acquired by each accomplice shall be additionally collected (see, e.g., Supreme Court Decision 2009Do2223, May 14, 2009): 10,000 won [10,000 won = 3,60,000 won from February 1, 2016 x 15 days of business x 8 days of average customer x 80,00 won of sexual traffic x 6,480,00 won from March 28, 2016 to April 28, 2016 x 305,000 won from among the average amount of profits of the defendant 205,000 won x 4,000 days of sexual traffic x 16.