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(영문) 서울남부지방법원 2015.03.30 2015고단112
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Defendant A violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) is a person who operates a commercial sex business by setting up 7 studio at a business place with a size of 20 square meters of “D” located on the 3rd floor of Gangseo-gu Seoul Metropolitan

Defendant

A around December 4, 2014, around 21:30 on December 4, 2014, around 21:30, received 120,000 won in cash from E who is a customer, and had F, an employee, provided sexual intercourse with the said customer, and arranged commercial sex acts by having female employees receive 120,000 won from customers from November 25, 2014 to December 4, 2014.

B. Defendant A in violation of the Medical Service Act is the president of the D business place, who is an employee B.

Defendant

At around December 21, 2014, A's employee B did not obtain the qualification of a massage, and received KRW 10,000 won per customer from Defendant A at the above D business establishment on December 4, 2014, and performed a massage act against customer E for profit.

2. Defendant B received KRW 10,000 won per customer at the said D establishment on December 4, 2014 without obtaining recognition of qualification as a massage club, and around December 21, 2014, Defendant B performed massage for profit by taking care of her neck and her part with his son’s hand by taking care of her son’s son and her part with his son’s son.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of each police interrogation protocol of F and E;

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Articles 91 and 88 of the Medical Service Act, and the choice of imprisonment (see, e.g., Supreme Court Decision 88 of the Medical Service Act, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., and Articles 91 and 88 of the Medical Service Act, and Article 88 of the Selection of Fines (see, e.g., Supreme Court Decision 2009

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A)

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