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(영문) 수원지방법원 2017.04.13 2017고정344
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

The Defendant is a person who is operating a marina business with “B”.

No one shall employ or recruit other persons for the purpose of having them engage in the conduct of selling sex, or arrange sexual traffic.

Nevertheless, from April 3, 2015, the Defendant: (a) around 100,00 won, installed five having the shower room, one waiting room, one waiting room, one carper, and seven CCTV photographing the outside of the business establishment to avoid the police control; (b) explained in cash the course from male customers who employed the female employees, and provided the visitors with the card of KRW 110,000,000,000, and sent them to the massage room; and (c) assisted the illegal sexual traffic in a way that the female employees kept inside the business establishment by putting them to the female employees, and (d) provided the female employees with the card of KRW 110,00,000,000,000, and sent them to the massage room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Each investigation report and the application of Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment of acts, such as arranging sexual traffic, shall be imposed in accordance with Article 25 of the Act on the Punishment of Acts, Etc. of Arranging sexual traffic: 18,609,795 won and investigation report (business establishments);

With respect to the specification of card earnings)

1. According to the records on the determination of forfeiture of Article 334(1) of the Criminal Procedure Act, since the seized evidence Nos. 2 (1) and 3 (10,000 won per day) constitute money, valuables or other property acquired by the Defendant from the instant crime, it should be confiscated by the Defendant pursuant to the former part of Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., but since the Defendant did not take a disposition of forfeiture in the summary order and requested a formal trial only by the Defendant, the principle of prohibition of disadvantageous alteration as prescribed in Article 457-2 of the Criminal Procedure Act is applicable.

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