(영문) 대구지방법원 2015.06.04 2015노297 | 리걸엔진

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(영문) 대구지방법원 2015.06.04 2015노297

성매매알선등행위의처벌에관한법률위반(성매매광고)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In calculating the amount of additional collection for the defendant, the court below erred by misunderstanding of facts or misunderstanding of legal principles as to the calculation of the amount of additional collection for the defendant, since there is no objective data to recognize the actual amount of revenue of the defendant due to the crime of this case, and even if not, the amount of additional collection should be excluded from the amount of money that the defendant did not actually gain.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records in this case, it is recognized that the bank account that the Defendant offered on the instant site is confirmed to have four accounts, such as H’s corporate bank RR account, etc. from November 201 to September 1, 2014, and a considerable amount of money, such as receiving the total amount of KRW 785,785,715 from a sexual traffic business establishment to September 1, 2014, and the Defendant specified the amount of profit by the method of calculating the total amount of profit acquired through the instant crime after deducting various expenses, etc. from the investigative agency.

In full view of the circumstances such as the fact that various expenses, including personnel expenses, alleged by the Defendant, were disbursed from criminal proceeds, such expenses are not merely a method of consuming criminal proceeds, and thus, should not be deducted from criminal proceeds to be collected (see Supreme Court Decision 2008Do3368, Jul. 10, 2008). In full view of the following circumstances, it is recognized that criminal proceeds accrue to the Defendant to the extent of the amount the Defendant stated, at least to the extent of the amount the Defendant stated.

Therefore, it is lawful to calculate an additional collection charge based on the circumstances acknowledged by the evidence as above and the statement of the defendant. Therefore, this part of the defendant's assertion is without merit.

B. The Defendant’s crime of this case of unfair sentencing is highly harmful to society.

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