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(영문) 의정부지방법원 2016.04.07 2015고정2725
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the business owner of E on the D4th floor of his own Government, and registered the above E with the trade name of “F” from December 1, 2014 to September 1, 2015, and installed 7 marina rooms inside the inside, and let female employees provide the services of similar sexual intercourse in the form of hand-to-Hand method referring to referring to 80,000 won in cash from customers. The Defendant seems to have written 90,000 won in cash as stated in the written indictment.

(The card is KRW 90,00) and the act of arranging sexual traffic was conducted for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. A H statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on the card sales slips;

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 second part of Article 25 of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts (the collection under Article 25 of the Act on the Punishment of Acts, Etc. of Arranging the Commercial Sex Acts is to be deprived of the necessity of unlawful profits from the act in order to eradicate the act, such as arranging commercial sex acts. Thus, where half of the amount the actor received from the customers such as arranging commercial sex acts has been paid to the commercial sex acts women, the scope of the collection shall be limited to the actual amount acquired (see Supreme Court Decision 2009Do223, May 14, 2009). According to the above evidence, the defendant's act of arranging commercial sex acts, as stated in the judgment, constitutes 14,372,200, and the total amount of money received by the card from the customers, and the defendant can be recognized as having paid 4/9 of the money received from the customers to the commercial sex acts women. Thus, the defendant's collection shall be collected from the defendant.

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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