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(영문) 대구지방법원 2020.06.02 2019노1558
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The scope of mistake of facts and misapprehension of legal principles is limited to the profits actually acquired by the defendant through the crime. The profits earned by the defendant as a result of arranging sexual traffic are limited to the remaining amount obtained by deducting all the profits from the legal massage practice and the amount paid to the Mayman, a Mayman, from 73,454,390 won.

Therefore, the judgment of the court below which rendered an additional collection on the total amount of the above revenue deposited into the account under the name of the defendant without deducting the above revenue and payment amount is erroneous in the misconception of facts and the misapprehension

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in October, forfeiture, and collection) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles on the assertion of deduction of profits through lawful massage operations is recognized based on the records on the following facts and the following facts, etc., and in light of the fact that it is deemed that a business establishment is not clearly divided into the types of business, the method of receiving the proceeds, the user's intent and the horse fee and the sexual traffic fee, it is deemed that the massage operation conducted on the sexual traffic customer is merely included in or incidental to the act of arranging the sexual traffic. Therefore, from among the proceeds deposited into the Defendant's account under the name of the Defendant, the profit from the lawful massage operation is not to be excluded from the subject of additional collection (see Supreme Court Decision 2007Do4048, Aug. 24, 2007). The above assertion by the Defendant and the defense counsel is without merit. ① The Defendant is from the middle of May 2017 to September 11, 2018 to the 'Magudong-gu D, 2, and 3rd.'

(1) The Corporation has operated the Corporation.

(2) The defendant has made a statement in a party trial that the price list of the massage expenses of KRW 90,00 and the expenses for sexual traffic shall be attached thereto, and he/she shall state that no price list of the expenses for sexual traffic exists.

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