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Violation of the Act on Punishment of Arrangement of Commercial Sex Acts
Violation of the Act on Punishment of Arrangement of Commercial Sex ActsSuspended sentence

Defense Against Prostitution Punishment | Client Faced an immediate custodial sentence for Creating a Prostitution Advertising Website but Was Defended With a Suspended Sentence Through Daeryun's Assistance

The client who visited Daeryun while facing prostitution punishment was charged with creating a website that advertised prostitution establishments. However, with the assistance of Daeryun, the client received a suspended sentence.

1. The Client Who Visited Daeryun While Facing Prostitution Punishment

Facing prostitution punishment and fearing an immediate custodial sentence, the client was charged with violating the Act on Punishment of Arrangement of Commercial Sex Acts, specifically with the creation and operation of a website advertising prostitution establishments. If this charge were established, the client could be sentenced to imprisonment for up to three years.

The Story of the Client Facing Prostitution Punishment

Prostitution punishment - suspended sentence
Click the image above to view information about prostitution offenses.

The client was asked by an acquaintance, whom the client had met while playing games, to operate an advertising website, and being skilled with computers, the client created and operated the prostitution establishment advertising website at the accomplice's direction.

On that site, when owners wishing to advertise prostitution establishments posted information about their establishments on the bulletin board, the information about those establishments was provided to an unspecified number of members.

The client and the acquaintance received transfers of approximately 150,000 to 350,000 won from the prostitution establishment owners as advertising fees.

The total amount received in this way exceeded 600 million won.

The client was accordingly brought to criminal trial for violating the Act on Punishment of Arrangement of Commercial Sex Acts.

Laws Relevant to Prostitution Punishment

🔗prostitution offenses, prostitution means the act of providing sexual conduct in exchange for monetary benefit.

The Act on Punishment of Arrangement of Commercial Sex Acts is in force in order to eradicate prostitution, the arrangement of prostitution, and human trafficking for the purpose of prostitution, and to protect the human rights of victims of prostitution.

▣ Act on Punishment of Arrangement of Commercial Sex Acts, Article 20 (Penalty Provisions)

① A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding thirty million won.
1. A person who places an advertisement for the purpose of introducing or arranging an occupation in order to have a person engage in the selling of sex or in obscene acts under Article 245 of the “Criminal Act”
2. A person who places an advertisement for an establishment in which prostitution or the arrangement of prostitution is carried out
3. A person who places an advertisement soliciting or inducing the buying of sex
② A person who, as a business, produces or supplies advertising materials under paragraph (1), or who publishes such an advertisement, shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won.
③ A person who, as a business, distributes advertising materials under paragraph (1) or publications in which such an advertisement is published shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.

2. Daeryun's Assistance in Defending Against Prostitution Punishment

In order to assist the client facing prostitution punishment, Daeryun sought to obtain a suspended sentence by arguing that the client was an accessory rather than a principal in the offense, and that the client had a congenital disability.

The Client Did Not Actively Participate in the Offense

The client merely received an offer from an acquaintance promising compensation for managing the advertising website, and committed the offense with the thought of earning some extra money.

The attorney emphasized that, whereas the acquaintance carried out substantive management, such as forming partnerships with prostitution establishments and verifying the owners, the client did not perform any work directly connected to the arrangement of prostitution.

The Client's Circumstances Reflected a Will to Engage in Economic Activity

Owing to a congenital disability, the client had been unable to lead a normal social life.

In the meantime, hearing only of the acquaintance's offer of financial compensation, the client came to help operate this website out of a desire to engage in economic activity independently and to no longer rely on family.

The attorney therefore requested that consideration be given to the fact that the client had no intention of obtaining unlawful income through the operation of this website.

The Client Was Deeply Remorseful

The client was deeply remorseful for having caused a social disturbance through his own ignorance and carelessness, and was spending heavy days regretting his conduct.

The attorney argued that, during the investigation, the client had finally come to realize how unlawful his conduct had been, and was spending each day in regret and reflection.

3. Successful Defense With a 'Suspended Sentence' for the Client Facing Prostitution Punishment

Thanks to Daeryun's assistance, the client facing prostitution punishment received a suspended sentence and was able to avoid an immediate custodial sentence.

Prostitution Punishment, Because the Likelihood of an immediate custodial sentence Is Very High

As police crackdowns on offline prostitution establishments have intensified, prostitution arrangement offenses have naturally shifted online.

A representative example is the so-called 'prostitution site,' which compiles information about prostitution establishments and connects buyers of sex. The website the client was charged with operating also fell into this category.

Because the arrangement of prostitution induces the criminal act of prostitution and derives economic benefit from it, its unlawfulness is very significant and grave.

Even where a person is not directly involved in advertising prostitution establishments, the mere act of producing advertising materials is regarded as a serious offense, so if you have been charged with a related offense, we recommend promptly retaining an attorney specializing in this field to handle the case.

Daeryun LLC assists clients who face punishment on prostitution-related charges through a team of attorneys specializing in sexual offenses, so you are welcome to request a 🔗legal consultation at any time.

성매매처벌 방어 | 성매매광고 웹사이트를 제작해 실형 위기에 놓였으나 대륜 조력받아 집행유예로 방어

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney JinWon KIM

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Seoul Northern District Prosecutors' Office Chief Prosecutor, Busan High Prosecutors' Office Experience

Attorney GyuHwa HWANG

GyuHwa HWANG

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Sex crime lawyer

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