성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Defendant
All appeals filed by A and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of the fact (as to the fraud), the Defendant was merely aware of money between L and the victim, and did not deceiving the victim to acquire money.
Nevertheless, the judgment of the court below which found the defendant guilty on this part is erroneous in the misapprehension of facts.
(2) The sentence sentenced by the lower court (2 years of suspended sentence for one year of imprisonment, 20 million won of fine) is too unreasonable.
B. According to the evidence submitted by the prosecutor (misunderstanding the facts as to the acquittal portion of Defendant B’s reasons), the facts that Defendant B conspired with A, etc. to act as a broker for sexual traffic, etc. from November 24, 2013 to July 29, 2014 can be acknowledged.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous.
2. Determination
A. (1) The judgment of the court below on Defendant A’s assertion of misunderstanding of facts was also asserted to the above purport.
The court below rejected the defendant's above assertion as stated in its reasoning.
(2) In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below and the court below’s judgment on the grounds of the above, it can be acknowledged that the Defendant, as stated in this part of the facts constituting the crime, belongs to the victim and defrauded the victim of KRW 20 million.
Therefore, the defendant's above assertion is without merit.
L has consistently made statements at an investigative agency as follows:
In other words, at the time of the instant case, the Defendant played a role of changing gambling chips at the gambling place operated by L. However, without L’s permission, the Defendant changed the chips worth KRW 20 million to N (hereinafter “T”) instead of receiving the value of chips.
Accordingly, the defendant and L have lent money from the damaged party to N in order to obtain Nchips value.
L. So, L.