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(영문) 인천지방법원 2019.07.08 2019고단2732
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From May 2015 to May 5, 2015, a name-free person was operating a mathy place business with the trade name "C" from the fifth floor of the Incheon Seo-gu building B, and D took over the said business from the above name-free person on November 2018, and continued to operate a Mathy place business with the trade name "E" from the above name-free person on December 2018.

The Defendant is the owner of the building above B where the above “E” is located.

On May 30, 2017, the Defendant: (a) knew of the fact that the said “C” is arranging and investigating commercial sex acts in the said “C” business establishment, the Defendant continuously leased the said business establishment building without cancelling the lease contract and expressing the intention to demand the return of possession; (b) on November 29, 2018, the Defendant continued to lease the said business establishment without expressing the intention to demand the return of possession; and (c) on November 29, 2018, the Defendant entered into a lease agreement with the said “C” business establishment, which acquired the said “C” and the said “C” store, and had D operate the said business establishment in the said place.

As a result, the defendant provided buildings with knowledge of the fact that sexual traffic is provided, thereby arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Application of the statutes on the standard contract for the lease of commercial buildings;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order is reasonable, and the size of the building provided by the defendant is relatively long as the lease period is relatively long.

However, the Defendant led to confession and reflect on the crime of this case.

The defendant is currently trying to receive commercial buildings by sending a certificate of the contents of the lease contract termination and the order of the building name to D, etc., and then the management of the commercial buildings will be thoroughly conducted.

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