성매매알선등행위의처벌에관한법률위반(성매매알선등)
Defendant
A The prosecution against A is dismissed.
Defendant
Z shall be punished by a fine of KRW 5,000,000.
Defendant
The Z shall be subject to the fine.
[Defendant Z] As seen below, the name of Defendant A was copied from the investigation stage, and the judgment subject to a retrial, which addresses Defendant A as a fine of KRW 5,00,00, has become final and conclusive in the trial proceedings against Defendant A, whose service by public notice was conducted.
Since then, Defendant A requested a retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and this court accepted the request and decided to commence a retrial.
In that the real defendant following the prosecution by the prosecutor is not the defendant A but the defendant Z (see, e.g., Supreme Court Decision 92Do2554, Jan. 19, 1993); ① the defendant A cannot be a person entitled to request a retrial; ② the defendant Z will not be a person entitled to a retrial; ② the defendant Z will be subject to a judgment through the retrial without undergoing ordinary trial proceedings, and ③ the defendant Z is not an ordinary trial procedure closed.
① However, it is desirable to clearly resolve the unstable status of Defendant A without any cause; ② The fact that the current situation led to the omission of Defendant A’s name in bad faith is due to the omission of Defendant A’s name; ③ Defendant Z has led to an investigation conducted in the name of Defendant A by an investigative agency; and ③ The fact that the investigation conducted in the name of Defendant A does not seem to have any substantial disadvantage on the Defendant Z due to whether the trial conducted in ordinary procedure or conducted a retrial procedure. In full view of the above, Defendant A’s request for retrial was accepted and the retrial procedure is commenced; and the judgment on the prosecution of Defendant Z also is to be conducted in the retrial procedure in this case.
Punishment of the crime
B and C shall rent the Gangnam-gu Seoul Metropolitan Government D Apartment E and use it as a lodging house for the office and staff, and shall attract smartphone hosting.