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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of two years and fine of 30 million won, Defendant B imprisonment with prison labor of one year and six months and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (unfair sentencing) on Defendant A (a prison term of 2 years and 6 months and a fine of 50 million won, additional collection of 232,48,000 won) is too unreasonable.
B. Defendant B 1’s factual misunderstanding (Additional Collection Part of the lower judgment) (A) of the Defendants’ accounts used by the Defendants to manage the profits from arranging commercial sex acts during the period of the instant crime (i) nine accounts used by the Defendants to pay dividends to commercial sex acts women, i.e., (ii) the accounts in the name of C, (iii) the bank account in the name of AH, (iv) the AJ bank account in the name of Y, (iii) the Z bank account in the name of AB, (iii) the Z bank account in the name of AB, (vii) the Z bank account in the name of AF C, (iv) the AF C bank account in the name of Defendant B, and (ix) the accounts used by the Defendants to pay dividends to commercial sex acts women, i.e., the amount deposited in the name of 306,824,000 won to the South East Eastdong and in the name of document around May 6, 2018.
In this process, in calculating the amount irrelevant to the above brokerage proceeds of commercial sex acts: ④ around May 14, 2018, the account was omitted from KRW 9,822,00 or KRW 5,00 deposited in cash from Namcheon-dong around July 19, 2018.
Therefore, among the deposit amounts of each account no. 212,804,000 won (=306,824,000 won - 94,020,000 won) rather than 202,982,00 won (=306,824,000 won - (94,020,000 won) - 94,020,000 won).
B) Around May 2018, from around 10 to March 2019, the ratio of profit distribution between the Defendants was 5:5 at the time when the Defendants engaged in commercial sex acts in Jtel from around 10 months to around 10 months. Around April 1, 2019, E engaged in commercial sex acts related to “BW” located in Busan Dong-gu BV, Busan, and the said distribution ratio was changed to 4:6.
However, the foregoing.