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집행유예
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(영문) 춘천지방법원 속초지원 2012. 5. 31. 선고 2012고단84 판결
[성매매알선등행위의처벌에관한법률위반(성매매매알선등)][미간행]
Escopics

Defendant

Prosecutor

He/she has received a decoration, and his/her financial resources (public trial)

Defense Counsel

Law Firm Han-chul et al.

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The seized smartphone (No. 1) shall be confiscated.

18 million won shall be additionally collected from the defendant.

Criminal facts

The Defendant (the Director of △△△△), who was actually purchased on February 4, 2010 by Nonindicted Party 1 (the Nonindicted Party 1) and completed the registration of ownership transfer on the land and building in the name of the Defendant at the early stage (hereinafter omitted), was in charge of managing the funds of the said business from April 15, 201 to December 20, 201. Nonindicted Party 1 was the actual operator of the said business, Nonindicted Party 3 and Nonindicted Party 4, who was in charge of the said business from Nonindicted Party 1 to Nonindicted Party 3, who was in charge of the said business from Nonindicted Party 1, 3 (from April 15, 201 to December 30, 201). The Defendant, who was in collusion with Nonindicted Party 1, and Nonindicted Party 4, who was in charge of the said business from Nonindicted Party 1 to Nonindicted Party 4, who was in charge of the said business, in the name of Nonindicted Party 1, 3 (the foregoing employees who were in charge of sexual traffic).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of Nonindicted 8’s suspect against Nonindicted 3 by the prosecution

1. Copy of each protocol of interrogation of the prosecution against Nonindicted 8, Nonindicted 6, Nonindicted 3, and Nonindicted 5;

1. A copy of telephone call details, copy of search and seizure protocol, copy of seized sales ledger, non-indicted 8 transaction statement, copy of copy of the register, disbursement statement, copy of promise, copy of confirmation document, copy of receipt, copy of the agreement, and copy of dividend statement;

Application of Statutes

1. Article applicable to criminal facts;

Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and Article 30 of the Criminal Act, inclusive, choice of imprisonment

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Consideration to include the fact that the defendant repents his mistake and that he is the first offender)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Additional collection:

Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic

It is so decided as per Disposition for the above reasons.

Judges Yu Sung-sung

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