2013 Highest 2768 Violation of the Punishment of Arrangement of Commercial Sex Acts, Etc. (Notification of Commercial Sex Acts)

[Aggravated Punishment of Acts of arranging sexual traffic, etc. recognized]

The act of aiding and abetting the act of arranging sexual traffic (the act of arranging sexual traffic) and the act of arranging sexual traffic

Article 3 (Violation of Punishment of Commercial Sex Acts)

00

Residence

Reference domicile

ParkO (Institution of Prosecution), Park 00 (Public Trial)

Law Firm 00

Attorney Kim 00, No. 00

May 21, 2014

A defendant shall be punished by imprisonment for one year.

The evidence seized from the accused as referred to in subparagraphs 1 through 9 above shall be confiscated.

768, 780,000 won shall be additionally collected from the defendant.

Facts of crime

From October 24, 2005, the Defendant registered his business as the representative director of the software operating company, Seoul 00th floor Co., Ltd., 000 (hereinafter “00”), and operated the Internet site (htp: / www. / www. 00). A was the general manager of the above site; B was the head of the above site’s business; B was the two team leader of the above site’s business; C; and D and D were the business employees, respectively.

Based on the fact that the number of members of the above site reaches 3.60,000, most men are admitted to the site, employees A, B, C, and D find a sexual traffic business place mainly engaging in similar teaching activities, thereby allowing them to enter into an advertising cooperation. From 200,000 won to 500,000 won per month, advertisements amounting to 200,000 won from the sexual traffic business place to 3.60,000 won, or directly receiving cash payments from the personal bank account in the name

1. Violation of the Punishment of Arrangement of Commercial Sex Acts, etc. Act;

In collusion with A, B, C, and D, from the end of August 2012 to the end of November 13, 2012, the Defendant transferred KRW 900,00 to the Defendant’s personal account as advertising expenses from 00 in Seoul 00 to 00 offices, and from 00 in Seoul***’s “00 search” to the Defendant’s personal account, the Defendant received 90,000 won from the Defendant’s personal account as advertising expenses. The Defendant, along with the location, telephone number, charge, commercial sex acts, women’s probs, and physical parts exposed to the said commercial sex acts, “BJ + hand-on + an advertisement on the said site to put up an advertisement on the commercial sex acts, including the fact that the Defendant posted it on June 20 to November 20, 201 to 708,708,708,700 in total,000 won, as indicated in the attached crime list).

2. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts (aided and abetting the Arrangement of Commercial Sex Acts);

The Defendant, along with A, B, C, and D, conspiredd to assist many unspecified men visiting the above 00.com (htp: / www. o.com) to act as a sexual traffic intermediary, etc., and inserted an advertisement on “00 search” from September 1, 2012 to November 13, 2012, thereby allowing many unspecified male members who find the above site to find the above business place operated by the above 00 from September 201 to pay KRW 35,000 to April 40, 200, and one under the name of the above business place to facilitate similarity between 35,000 won and 30,000 won and 40,000 won.

Accordingly, the Defendant, in collusion with A, B, C, and D, assisted the act of arranging sexual traffic in 00 as well as aiding and abetting the business owners of sexual traffic specified in the attached list of crimes by facilitating the act of arranging sexual traffic from June 201 to November 2012, even though he knows that the business owners of sexual traffic are engaged in sexual traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of a witness in the fourth trial records, the statement of a witness C and B in the fifth trial records, 00 in the sixth trial records, and each statement in the sixth trial records;

1. Legal statement of 00 witnesses;

1. Part of the prosecutor's protocol of interrogation of the defendant two times against the defendant C

1. Each prosecutor's interrogation protocol concerning C and B;

1. Copies of suspect interrogation protocol of the police as to 00 and protocol of suspect interrogation of the police as to it;

1. Each police protocol of statement, each copy of each police protocol of statement about 00;

1. The written statements in C and B;

1. Records of seizure, list of seizure and photographs of articles seized;

1. A copy of a list of advertising fees;

1. Investigation report (specifics of suspect A contracts, management commercial sex acts establishments specified as suspects, DNA contracts, management commercial sex acts establishments specified as suspects C contracts, management commercial sex acts establishments specified as suspects B contracts, and management commercial sex acts establishments specified as suspects B contracts and management commercial sex acts);

Application of Statutes

1. Article applicable to criminal facts;

Article 20(2) and (1)2 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., Article 30 of the Criminal Act (as a whole, posting an advertisement at a business establishment engaging in commercial sex acts), Article 19(2)1 of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, Etc., and Article 32(1) of the Criminal Act (as a whole, aiding and abetting of

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed for aiding and abetting the Act on the Punishment of Acts of Arranging Sexual Traffic with More severe punishment)

1. Selection of punishment;

Imprisonment Selection

1. Statutory mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act (Accessories)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Additional collection:

Article 25 of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, Article 48(1)2 and (2) of the Criminal Act - Investigation Records 1588-1589 - As seen earlier, the Defendant received advertising fees received from a business establishment engaging in such similar acts to an account in the name of an individual of the Defendant, or received them in cash. The details of receipt are as stated in the separate sheet of crimes (criminal proceeds) in the separate sheet of crimes. The sum is KRW 768,780,000.

The purpose of additional collection under Article 25 of the Punishment of Commercial Sex Acts is to deprive the criminal of unlawful profits from the act of arranging commercial sex acts in order to eradicate the act of arranging commercial sex acts, etc. Thus, the expenses that the criminal has spent in the course of aiding and abetting the act of arranging commercial sex acts, etc. shall not be deducted from the amount of additional collection because it is nothing more than a method to consume the money and goods acquired in return for the act of arranging commercial sex acts, etc. or to justify his act (see, e.g., Supreme Court Decisions 2007Do8600, Dec. 14, 2007; 2008Do1392, Jun. 26, 2008; 2009Do223, May 14, 2009).

Judgment on Defendant’s argument

1. As to the assertion that each act of arranging sexual traffic, which is the core of the act of arranging sexual traffic, has not been specified

The purport of allowing the court to specify the facts charged by specifying the date, time, place, and method of a crime is to limit the object of a trial against the court and to facilitate the exercise of its defense by specifying the scope of defense against the defendant. Thus, the facts charged is sufficient if the facts constituting the elements of a crime are stated to the extent that it can be distinguished from other facts by comprehensively taking into account these elements, and even if the date, time, place, method, etc. of a crime are not explicitly stated in the indictment, it does not go against the purport of the law that specifies the facts charged, and if it is inevitable in light of the nature of the facts charged, the indictment cannot be deemed unlawful because the contents of the indictment are not specified (see Supreme Court Decisions 9Do2934, Nov. 12, 199; 2002Do2939, Oct. 11, 2002; 2004Do646, Jan. 14, 2005, etc.).

The facts charged in this case, which constitutes a single comprehensive crime, is inevitable to be indicated to a certain extent in light of its nature. According to the records, the representative date and time of and the completion date of the other crimes, methods of the crime (the name of the brokerage company, the name of the depositer, the date of deposit, the amount of deposit, the date of commencement of the advertisement, and the expiration date of the advertisement) are specified in the facts charged in this case, so it does not interfere with the court to limit the object of the trial to the court and to facilitate the exercise of defense by specifying the scope of the defense of the defendant. Thus, this part of the defendant's assertion is rejected.

2. Judgment as to the assertion that there was no intention to recognize sexual traffic establishments or assist them in arranging sexual traffic

An act of aiding and abetting under the Criminal Act refers to any direct or indirect act that facilitates the principal offender's act while knowing the fact that the principal offender is committing the crime. It includes not only tangible and material aiding and abetting but also intangible and psychological aiding and abetting act such as strengthening the resolution of the crime (Supreme Court Decision 95Do456 delivered on September 29, 1995). It does not require that an act would be sufficient to commit the crime and that the occurrence of the result would be desired. Furthermore, the perception of the crime of aiding and abetting sexual traffic for business purposes is sufficient without need to be aware of the specific contents thereof (Supreme Court Decision 2005Do8095 delivered on September 22, 2006; Supreme Court Decision 2005Do8095 delivered on September 22, 2006).

22. According to the evidence adopted through legitimate investigation of evidence, the defendant, who is the representative director of 00, operated the Internet site (htp: / www. 00) from 205 to 00, operated the advertisement site to 360,00 members, and most of the site members of 3,00,000, the general manager of the business, was assigned to 3,000,000,000 won, and 3,000,000,000 won or more of 4,000,000,000 won of 3,000,000,000,000 won of 3,000,000,000,000 won of 4,000,000,000,000 won of 3,000,000,000 won of 3,00,000 won of 2,000 won of 2,00.

According to the above facts, the defendant can be deemed as aiding and abetting sexual traffic business owners through the operation of the above site although he/she knew that sexual traffic brokers conduct sexual traffic intermediary activities.

[In light of the records, the defendant is found guilty of the facts charged in the case of this case, considering that he is found to have suspended or refused to do so to some business places such as commercial sex acts (type of commercial sex acts in officetels) and "commercial sex acts establishments such as "commercial sex acts establishments" around June through September, 2012, but he is found to have been aware of the illegality of the business places such as "commercial sex acts (type of commercial sex acts in officetels)" and "commercial sex acts establishments such as "commercial sex acts establishments", as recognized earlier, he actively induced the advertisement, and even if it is found that he is a commercial sex acts establishment after the fact that he is a commercial sex acts establishment, he is not likely to have taken measures such as suspending the advertisement.

The reason for sentencing is that ○○ Defendant made it easier for illegal sex trafficking establishments to conduct the business of arranging and arranging sexual traffic more widely through their sites, and the illegal sex trafficking establishments spread to the social location. In order to prevent the spread of illegal sex trafficking establishments and to establish a sound sex culture, it is necessary to punish Defendant's criminal acts that facilitate sexual traffic by forming a connection high interest between illegal sex trafficking establishments and sexual buyers.

○ The period of the crime is over a long time, and name of the criminal proceeds from the crime of this case is also equivalent to

○ The Defendant actively denied his crime and actively attempted to conceal the crime by having his employees make a statement as if the Defendant was not involved in the crime of this case.

○ The defendant did not have the same criminal history, and the fact that the defendant partially improved through the implementation of the site after the control over the crime of this case shall be considered as favorable circumstances.

○ Other punishment is imposed by comprehensively taking into account the age, health, motive of the crime, circumstances before and after the crime, etc., various sentencing conditions, etc. specified in the arguments in this case.

It is so decided as per Disposition for the above reasons.

Judges 000 -

Omission of Crime List

1) The indictment consists of "751 times" but "72 times in the attached list of crimes" is "722 times in the attached list of crimes," and there is no change in the indictment separately due to a change in favor of the defendant.

this recognition

2) According to the statements, etc. of witnesses 000 among the 6th trial records, 'Sound Magazine' is similar to a woman's Magazine in his/her hand.

of this title.