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(영문) 인천지방법원 2015.05.01 2015노202

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In so doing, the lower court did not err by misapprehending the legal doctrine on July 15, 2014, KRW 5 million, which the Defendant deposited into the agricultural cooperative account on July 15, 2014, and deposited immediately after the Defendant’s withdrawal for use, as the need to do so was nonexistent, and thus, should be excluded from the amount of additional collection.

Nevertheless, the judgment of the court below that calculated the additional collection charge including the above five million won is erroneous in the misunderstanding of legal principles as to additional collection, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (a fine of six months and a fine of five million won, a suspended sentence of two years, confiscation, 31,902,50 won) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below regarding the assertion of legal principles, the defendant operated the 'C' from March 8, 2014 to October 22, 2014 in the 2nd, Seo-gu, Incheon. The defendant paid 50% of the amount received from the sexual traffic women as the price for sexual traffic; the card sales from the sexual traffic arrangement business was paid to the defendant's wife NF bank account (Account Number:O); the cash sales amount was managed by the defendant's wife P head of NA (Account Number: Q); the defendant's defendant's business of arranging sexual traffic was 05 to October 22, 2014 to the above 37,478,591, and the amount deposited from the above 3050,000 won to the above 1030,000 won deposited in the 3050,000 won deposit account (excluding the above 10,000 won deposit account).

According to the above facts, five million won, which was deposited by the defendant in the agricultural bank passbook around 19:39 on July 15, 2014, is the money that the defendant immediately withdrawn.