성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal by the defendant;
A. In light of the fact that there is no profit earned by the Defendant due to the instant crime, and there is an economic difficult situation, the lower court calculated an excessive surcharge.
B. In light of the fact that the Defendant’s error of unfair sentencing is against the Defendant, the closure of the instant sexual traffic business establishment and support for his parents, etc., the lower court’s sentence imposing additional collection of KRW 8 months of imprisonment, 2 years of suspended execution, confiscation and 9,819,50 is too unreasonable.
2. The lower court determined that the Defendant and Co-Defendant A (hereinafter referred to as “A”) derived from the operation of the instant sexual traffic business establishment from December 10, 2013 to February 19, 2014, the Defendant and Co-Defendant A (hereinafter referred to as “A”) agreed to KRW 19,639,000, and collected KRW 9,819,50, a half of the profits from the Defendant.
However, in light of the following circumstances that can be recognized by the evidence duly admitted and investigated by the court below, the amount to be collected from the defendant is KRW 7,811,000.
① The Defendant and A deposited all profits from operating the instant sexual traffic business establishment into an enterprise bank account in the name of the Defendant.
(No. 841 of the Evidence No. 841). A, upon being examined by the prosecution, stated that “one business passbook was used” (Evidence No. 841 of the Evidence No. 841), and the Defendant, upon being examined by the prosecution, opened a corporate bank V account number (hereinafter “first account”) as of December 12, 2013, and collected all the deposited amount. All of them are our revenues. The corporate bank account No. W (hereinafter “Second Account”) stated that “The account No. 2 Account is a passbook which has no relation to the sales of the instant sexual traffic business establishment with the personal account used from 2007.”
(Evidence Records No. 850 pages, No. 851 pages). However, when the above suspect is examined, the defendant shall enter the first and second accounts by the prosecution.