CONTENTS
- 1. The Client Involved in a Prostitution Crime
- - The Circumstances Leading to the Visit to the Prostitution Establishment
- 2. Assistance to Defend Against the Establishment of a Prostitution Crime
- - Prostitution Punishment Defense Strategy ① | Reconstructing the Motive and Context of the Visit in Detail
- - Prostitution Punishment Defense Strategy ② | Analysis of Anticipated Police Investigation Questions and Advance Design of the Statement Direction
- - Prostitution Punishment Defense Strategy ③ | Direct Accompaniment to the Police Investigation and On-Site Response
- 3. Result of the Prostitution Crime Assistance, Early Conclusion by 'Non-Referral'
- - Level of Punishment for Prostitution
- - If You Have Been Wrongfully Implicated in a Crime
- - Prostitution-Related FAQ
1. The Client Involved in a Prostitution Crime
The client, who was facing a police investigation after becoming involved in a prostitution crime, had very particular circumstances for visiting a prostitution establishment, rather than mere curiosity or a deviation.
The Circumstances Leading to the Visit to the Prostitution Establishment
The client was a developer of adult products and feminine hygiene products, and at the time he was developing a product in the form of a medical device and was in a situation requiring direct questioning about sensitive matters of usability and discomfort that are difficult to ask of ordinary women.
For this reason, while visiting various places for a sample survey, one of them was a prostitution establishment in the form of an officetel, and the client had paid a sum of money and visited in order to hear product feedback directly from an establishment worker.
However, in reality there was no sexual intercourse or any physical contact whatsoever.
Nevertheless, the investigative agency had requested his appearance, stating that, on the basis of the payment of money and the route of entry, there was a strong possibility of finding that there had been an intent to engage in prostitution.
Accordingly, the client requested a consultation, seeking professional criminal assistance, saying, "All that needs to happen is for the misunderstanding to be cleared up, but the explanation itself seems difficult."
2. Assistance to Defend Against the Establishment of a Prostitution Crime
In order to prove the absence of any purpose of prostitution, Daeryun's criminal law attorney reorganized the facts in the structure of 'circumstances of the visit → actual conduct → legitimacy of the purpose → objective materials'.
Thereafter, the attorney designed a strategic direction for the statements in advance of the police investigation.
Prostitution Punishment Defense Strategy ① | Reconstructing the Motive and Context of the Visit in Detail
In the interrogation of the suspect, the genuineness of the purpose of the visit was the most important issue.
The Daeryun attorney helped the client to logically explain that 'the purpose was not prostitution,' focusing on the following factors.
∙ The fact that he needed to ask sensitive questions that are difficult to ask of ordinary users
∙ The fact that he regarded an establishment worker as one case within a sample survey
∙ The fact that he conducted only conversation and questioning immediately upon the visit, with no sexual contact whatsoever
∙ The existence of objective materials such as KakaoTalk records related to product testing
This defense strategy played an important role in moving away from the simplistic interpretation of 'payment of money = intent to engage in prostitution'.
Prostitution Punishment Defense Strategy ② | Analysis of Anticipated Police Investigation Questions and Advance Design of the Statement Direction
Because at the investigation stage even a small expression could be misunderstood as 'an acknowledgment of sexual intercourse,' the criminal law attorney carried out the following systematic preparation before the investigation.
▷Providing a list of anticipated questions
▷ Correcting expressions that could give rise to misunderstanding, in line with the elements of the crime of prostitution
▷ Adjusting the timing of submitting objective materials (such as evidence of product development and conversation records)
On this basis, the attorney provided assistance so that a steady statement was possible during the police investigation.
Prostitution Punishment Defense Strategy ③ | Direct Accompaniment to the Police Investigation and On-Site Response
Because, in the actual investigation, statements regarding the operating methods of the prostitution establishment could be misunderstood, the criminal law attorney accompanied the client throughout the entire investigation and thoroughly defended against any distortion of the intent of the statements.
In particular, the attorney actively resolved the investigative agency's misunderstandings on the following points.
∙ The fact that there was no physical contact, sexual contact, or sexual intercourse whatsoever
∙ The fact that, because the prostitution worker was not identified, proof itself was in effect impossible
3. Result of the Prostitution Crime Assistance, Early Conclusion by 'Non-Referral'
With respect to the prostitution crime, the investigative agency reached a conclusion of non-referral (no suspicion of crime) on the grounds that "the prostitution woman could not be identified, and there was insufficient evidence to acknowledge sexual intercourse".
In response, the client expressed great relief, saying, "It was a case that was so awkward to explain, but it ended right at the investigation stage, so I am truly saved."
Level of Punishment for Prostitution
Prostitution refers to engaging in acts such as sexual intercourse with an unspecified person in exchange for receiving, or promising to receive, money, valuables, or other property benefits.
A person who has committed prostitution is subject to the following punishment.
Article 21 of the Act on Punishment of Arrangement of Commercial Sex Acts | Level of Punishment |
A person who has engaged in prostitution | Imprisonment of up to 1 year, a fine of up to 3 million won, detention, or a minor fine |
If You Have Been Wrongfully Implicated in a Crime
Prostitution cases are a very sensitive area that can lead to punishment, due to the following characteristics.
▷ During the statement process, there is a risk that a single small word may be interpreted as an acknowledgment of sexual intercourse
▷ The investigative agency may readily connect 'payment of money → prostitution'
Therefore, a strategic design of statements is necessary from the early stages of the investigation.
Daeryun Law Firm has many attorneys who have experience with various sexual offense and criminal cases, including prostitution cases.
For clients facing an investigation, the firm provides systematic assistance across all stages, from advance statement preparation to accompaniment during the police investigation, establishment of an evidence submission strategy, and the construction of a defense rationale prepared for misunderstandings about intent.
If you have been wrongfully implicated in a crime and are facing an investigation, you may entrust your case at any time through the 🔗Legal Consultation Booking.
Prostitution-Related FAQ
A. The key points are 'whether there was sexual intercourse or physical contact,' 'what the purpose of the payment of money was,' and 'whether the prostitution woman is identified.'Q. Can I be punished for a prostitution crime simply for visiting a prostitution establishment?
A. If there is no key evidence, the investigative agency focuses primarily on 'the consistency of the suspect's statement.' Q. I have been wrongfully implicated in a prostitution crime; how can I prove that there was no sexual intercourse?
If the circumstances of the visit to the prostitution establishment and the purpose of the payment of money are sufficiently explained by a legitimate reason other than prostitution, proof is possible.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
