A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for a violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, etc. (the brokerage, etc. of commercial sex acts) at the Goyang Branch of the Jung-gu District Court on September 27, 2017, and the said judgment became final and conclusive on October 11, 2017.

[2] The Defendant: (a) operated an entertainment main store “D” on the first floor of Sungnam-si, Sungnam-si; (b) entered into a payment service agreement with the victim E who immediately provides a credit card payment service on December 10, 2015; (c) according to that, the credit card company requires three to five days that the credit card payment should be deposited from the credit card company to the merchant company; (d) if the said entertainment main store makes a payment by credit card, the victim of the following day deducts 1.27% of the credit card payment from the Defendant’s national bank account (F). The victim is operated with the structure of withdrawing the credit card payment if the credit card payment is deposited in the Defendant’s new bank account (G) in the name of the Defendant whose credit card payment is deposited by the credit card company.

From May 24, 2016 to May 29, 2016, the Defendant transferred KRW 31,676,346, which deducts 1.27% from damage to the Defendant’s national bank account from the sales amount of KRW 33,590,00,00, which was paid by credit card from “D” from “D” to “national bank account in the name of the Defendant,” pursuant to the agreement, the Defendant had a duty not to change the repayment account at will so that the victim can withdraw the credit card payment deposited from the credit card company.

On May 30, 2016, the Defendant violated the foregoing duties and changed the payment account from the Defendant’s new bank account that is managed by the injured party to the Defendant’s new bank account.

Accordingly, the defendant acquired property benefits in 31,676,346 won and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

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