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(영문) 의정부지방법원 2019.02.11 2018노1457
성매매알선등행위의처벌에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts as to collection) is merely a fact that the Defendant did not engage in commercial sex acts at a business establishment listed in the judgment below (hereinafter “instant business establishment”) from June 7, 2017 to June 15, 2017, and thus, the amount of KRW 4,850,000 deposited in the Defendant’s account (B bank C; hereinafter “instant account”) during the above period cannot be deemed a profit. Since the Defendant deposited the proceeds in the instant account on June 7, 2017, the amount of KRW 530,000 deposited in the instant account on the same day does not constitute a profit accrued from the business of the same day, and considering the number of women employed by the Defendant, and the number of men purchased commercial sex acts, the remainder of KRW 10,750,000 paid from the amount of KRW 0 to KRW 10,70,000,000 after deducting the amount of money collected from the amount of KRW 10,570,7.75,10

2. Determination

A. Of the money deposited in the instant account, the lower court determined that the Defendant collected KRW 1,120,000 ( KRW 80,000 x 14) from 43,330,600 to 43,30,000, which recognized that the Defendant is the settlement money, etc. according to the operation of the instant business establishment, and deducted the amount of KRW 5,102,569, from the sexual traffic payment, which is the amount of KRW 1,120,00,000, which has been preserved for forfeiture.

B. The lower court, based on the evidence duly adopted and examined by the lower court, stated the following circumstances, namely, ① the Defendant acquired the instant establishment from M from the police investigation conducted on November 10, 2017 and operated the instant establishment from Jun. 10, 2017 to Oct. 14:10, 2017. The Defendant concluded a lease contract for the instant establishment in the police investigation conducted on November 17, 2017.

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