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(영문) 인천지방법원 2019.07.05 2018노4204
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A (the imprisonment of August, the suspended sentence of two years, the fine of five million won, the confiscation, and the additional collection of 5.67 million won) of the lower court is too unreasonable.

In particular, since the court below's 36,000 won, excluding 4,000 won for employees among 40,000 won as basic data for the calculation of the amount of additional collection, is purely marina expenses, i.e., similar act, i., money and valuables (30,000 won per meeting) obtained by the brokerage of commercial sex acts, have brought to all employees, it is improper to collect it from Defendant A

B. Defendant B did not carry out the business of arranging sexual traffic by employing a person who does not have the status of stay in collusion with Defendant A, but did not carry out the business of arranging sexual traffic by engaging in the business of arranging sexual traffic.

2. Judgment on Defendant B’s appeal

A. The lower court found the Defendant guilty based on the evidence duly adopted and examined by the lower court.

B. The following circumstances acknowledged based on the evidence duly adopted and examined by the lower court and the trial court: (i) Defendant B operated the instant marina business; (ii) opened the instant marina business establishment at least twice a week after the transfer of the instant marina business establishment to Defendant A around June 2016; (ii) Defendant B examined illegal aliens and allowed Defendant B to employ Defendant A at the instant marina business establishment; (iii) reported and asked Defendant B about matters concerning the operation and sales of the instant marina business establishment from time to time; and (iv) from November 2017, Defendant B closed the business of marina business around September 1, 2017, Defendant B took charge of the affairs of the instant marina business.

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