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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. According to the evidence duly admitted and examined by the court below, the defendant is recognized as aiding and abetting the act of arranging sexual traffic of Co-defendant A in the court below.
Nevertheless, the lower court acquitted the Defendant of the facts charged on a different premise.
2. Determination
A. Basic facts 1) On December 18, 2013, the Defendant: (a) from L on December 18, 2013, a three-story store in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant store”).
(2) On February 27, 2014, the Defendant leased KRW 30 million to KRW 1980,000,000 per month. 2) The Defendant operated a marina business in the instant store from around December 17, 2013 to December 23, 2013, with the trade name “D (Internet trade name: F)” and operated a marina business in the instant store from around December 17, 2013, the Defendant was issued a summary order of KRW 3 million by this court on February 27, 2014, and the summary order became final and conclusive as it is.
3) On February 20, 2014, the Defendant lent the instant store to Co-Defendant A a deposit of KRW 10 million and KRW 5 million per month. 4) From February 20, 2014, Co-Defendant A operated a marina shop with the trade name “D” at the instant store from February 20, 2014, and, on the ground that Co-Defendant A had female employees G engaged in sexual intercourse with unspecified male customers and arranged commercial sex acts for business purposes, it was controlled around March 23, 2014.
Co-defendant A was indicted for violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the defendant was indicted for violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.
B. The lower court rendered a judgment of conviction against Co-Defendant A by serving as a service by public notice.
The prosecutor appealed against Co-Defendant A in the lower judgment, but A died on September 26, 2018, and this court prosecuted against A on October 2, 2018.