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(영문) 서울고등법원 2016.08.26 2016노1653
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The misunderstanding of facts (in addition to collection), women engaged in sexual traffic have worked in an irregular manner;

Since the statement is made and it is not possible to conduct the business properly on official holidays or crafts, the crime period (from June 2013 to January 15, 2016) seems that the degree of 4 to 5 days in at least one month would have failed to conduct the business during the crime period, and the amount of profits acquired by the head who manages and manages the profits acquired by the defendant and the printing personnel in accordance with the distribution ratio of the price of sexual traffic is the same.

In light of the fact that each of the gains acquired by the heads of the Obdos is excessive to approximately KRW 100,130,000 per month to KRW 300,000 per month even if the average amount of gains was exceeded to KRW 300,390,000 per month, the amount of gains earned by the defendant during the crime period of the sexual traffic mediation of this case is not about KRW 90,000,000 to KRW 117,000 ( approximately 30 months during the crime period x ( KRW 30,000,000 or KRW 3,90,000 per month). Nevertheless, on the premise that the average amount of gains of KRW 1,00 per day is obtained, the lower court calculated the amount of gains earned by the accomplices as KRW 46,50,000 per month to KRW 30,500,000 per month (=6,500,000).

B. Sentencing unfair sentencing: (a) the first offender recognized the facts charged from the investigative agency to be all the charges; (b) the name of a business operator is leased to high school-friendly job offering F, resulting in the instant sexual traffic arranging business in accordance with the F’s proposal; (c) the Defendant’s business of arranging sexual traffic was not limited to KRW 100 million and actually acquired profits are limited to the size, business period, sales amount, etc.; (d) the Defendant’s business of arranging sexual traffic was not limited to KRW 100 million; (e) the personal information collected from F in relation to the provision of personal information was not leaked; and (e) the third party bribe was issued.

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