Text
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, the two years each from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a business owner who operates a massage procedure under the trade name of “E”, and Defendant B is an employee of the place of the massage procedure.
From Jun. 11, 2017 to Jan. 27, 2018, the Defendants: (a) kept the said “E” located in the wife F from Jun. 11, 2017 to Jan. 27, 2018; (b) employed female sexual traffic women, such as G, as an employee, such as beds, shower facilities, scams, etc.; and (c) provided a large number of unspecified customers with cash of 17-180,000 won per person (18-190,000 won when the credit card settlement was paid) and provided a massage service, and (d) operated a business by having female workers and sexual intercourse with them.
Accordingly, the Defendants conspired to commit acts such as arranging sexual traffic for business purposes.
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning the examination of the police officer in G;
1. Each police statement made to H, I, and J;
1. A protocol of seizure and a list of seizure;
1. Each investigation report (Nos. 3, 8, and 22 once a year);
1. Application of Acts and subordinate statutes to some copies of seized articles and details of replies of seizure warrants;
1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Article 19(2)1 of the Act on the Punishment of Acts, Including Arranging of sexual traffic, and Article 30 of the Criminal Act
1. Defendants on probation: Article 62(1) of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);
1. Confiscation and collection: Article 48(1) of the Criminal Act, Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (the basis for the calculation of an additional collection charge: 46,074,000 won (the amount obtained by deducting the amount paid to female employees from 103,030,000 won of the total card sales related to the brokerage of commercial sex acts from June 11, 2017 to January 27, 2018) ;
1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Application of the sentencing guidelines [the scope of the recommended punishment] 2 types of sexual traffic crimes subject to the age of 19 or older, mediation of sexual traffic, etc. (mediation, etc. of sexual traffic by business, receipt of consideration, etc.) and the basic area (6 months to 1 year and 4 months) (no person subject to special sentencing).