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(영문) 서울중앙지방법원 2020.09.18 2019노3566
성매매알선등행위의처벌에관한법률위반(성매매광고)방조등
Text

The judgment below

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

Defendant

A shall be punished by imprisonment for eight months.

Seized No. 1.

Reasons

1. Summary of grounds for appeal;

A. The Defendants: (a) removed advertising expenses received from the owners of sexual traffic establishments and delivered them to the operators of sexual traffic advertising sites, thereby aiding and abetting the act of arranging sexual traffic, etc.; (b)

B. Each sentence of the lower court’s unfair sentencing (Defendant A: imprisonment of eight months for a prison term of two years, community service hours and confiscation, Defendant B: fine of five million won) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendants: (a) opened a “AV” site for commercial sex acts; (b) posted the pictures exposed to the pre-contract telephone numbers, prices, protorys and physical parts of commercial sex acts women at the nationwide commercial sex acts; and (c) intended to assist the owners of commercial sex acts to visit the said site; (d) deposited KRW 100,000 to a AP account in the name of the head of the said place of business, which is managed by the Defendants from the owners of the said place of business, with the monthly advertising expenses of KRW 150,00 to KRW 150,000,000,000 from the owners of the said place of business; and (e) attempted to assist the owners of commercial sex acts by withdrawing the advertising expenses deposited in

Defendant

A From January 14, 2018, the Defendants from around January 14, 2018, and the same year from around April 2018.

7. Until December 23, 200, Defendant A, alone, withdrawn approximately KRW 210,100,000,000 from 319 times to 319,000,000 won and delivered to the said under-paid persons, among the money deposited to AV account in the name of "AV" site in return for advertising of commercial sex acts business establishments, from the business owners of commercial sex acts.

As a result, the Defendants aided and abetted the act of arranging sexual traffic at the same time.

B. The lower court determined that the Defendants’ funds are related to commercial sex acts in the course of continuing to withdraw and deliver funds.

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