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(영문) 수원지방법원 성남지원 2017.03.31 2016고단3803
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. From March 15, 2016 to May 14, 2016, Defendant A: (a) on the first floor of the building located in Gwangju City from around March 15, 2016 to around May 14, 2016, (b) on the first floor of the building located in Gwangju City; (c) on the 132 square meters of the area of 132 square meters and equipped with a shower system, and (d) on the trade name of “E”, Defendant (i) received 100,000 won from non-personal customers as the price for commercial sex acts, and (ii) informed female employees F, etc. of the said room, and (iii) obtained profit of KRW 50,250,000 per person by providing female customers with KRW 50,000 per person.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. Defendant B, while being aware of the fact that he arranged sexual traffic for business purposes as described in paragraph (1) at the time, place, and at the above time, he gained profits from KRW 1,60,000 by leasing the places described in paragraph (1) above, which are owned by the Defendant, to A, under the condition that A receives KRW 20,000,000 and monthly rent of KRW 80,000.

Accordingly, the defendant provided a building knowing that sexual traffic is provided.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of statutes on site photographs and seizure records;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, and Article 19 (2) 2 of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts, and Article 19 (1) 1 of the Act on the Punishment of Acts, including Mediation, etc. of Commercial Sex Acts, and Selection of a fine;

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

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Protective observation and community service order Defendant A: Article 62-2 of the Criminal Act;

1. A defendant who has been confiscated: Article 48 (1) 1 of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection (see, e.g., investigation reports (Calculation of profits from sexual traffic); Defendant B, the additional collection amount of KRW 1,600,000 [ = KRW 800,000 on a monthly basis] x 2 months (see, e.g., Supreme Court Decision 20

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