성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Nos. 1 through 14 of seized evidence.
1. Summary of grounds for appeal;
A. The fact-finding that the Defendant received KRW 20 million per month from the Defendant’s misunderstanding of facts is the maximum sales, and not such profits within the period of the crime, but in the case of 9, 12, 17, and 18, the Defendant committed an accomplice, and thus, the Defendant did not obtain any profits, the lower court determined that the Defendant’s criminal proceeds amounting to KRW 180,000 (= KRW 20 million per month x 9 months) was collected.
B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.
2. The following facts and circumstances are acknowledged according to the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts.
① The Defendant consistently stated from the investigative agency to the lower court that each of the instant sexual traffic businesses was operated as T and T in partnership.
② The business method of each of the instant sexual traffic businesses is operated in two ways: monthly pay 40% of profits to the Defendant by dividing a monthly pay-in-paid female into 6:4 every day and 6:4.
At the time of the police investigation, the Defendant brought all the monthly wage income to the Defendant, and 6:4 methods are against T and profits. In particular, the business places Nos. 9, 12, 17, and 18 stated that T alone has an absolute income.
(Evidence Records No. 103-104 pages). (3) At the time of prosecutorial investigation, the Defendant considered that monthly sales of KRW 30 million was less than 10 million, and that on April 2019, the Defendant was less than 10 million, and the monthly average amount of KRW 20 million was paid from sexual traffic women. However, due to T’s investment funds, the Defendant stated that T should give KRW 10 million per month to T.
(Evidence Records No. 367-368 pages). However, at the intervals of T, the KRW 10 million per month was not paid. In fact, the KRW 1380,000 on October 15, 2018, KRW 500,000 on November 1, 2018, KRW 3 million on December 2018, and KRW 7 million on January 2019;