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(영문) 서울북부지방법원 2020.06.09 2020노153
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the amount of KRW 4,00,000, out of KRW 33,150,000,000 for the Defendant’s additional collection against the Defendant, should be deducted from the amount of additional collection because the Defendant erroneously stated that it was actually disbursed. However, the lower court erred by misapprehending the legal principles as to additional collection.

B. The sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, 40 hours of lecture for the prevention of sexual traffic, additional collection of 33,150,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of misapprehension of the legal principles, it does not require strict certification as to whether the subject matter of confiscation, collection, or collection is subject to confiscation or collection.

(See Supreme Court Decision 2015Do1233 Decided April 23, 2015, etc.). In full view of the evidence duly admitted and examined by the lower court and the following circumstances revealed by the above evidence, the lower court that collected KRW 33,150,000, the lower court is just and acceptable, and there is no error in the misapprehension of legal doctrine as to collection.

Therefore, this part of the defendant's argument is without merit.

① While the Defendant asserts that three customers per day were laundrying a small amount of money on their own during the operation of a business, the Defendant stated that five customers per day, the average number of customers at the police station, 8-9, and 3-4 of the day on average in the prosecution.

In light of the fact that the suspect in title 52, title 1, title 90 of each investigation record is an example of exaggeration of his criminal proceeds during the investigation process, and that the defendant has maintained the above statements made by the investigative agency at least in the court below, it seems that at least the number of customers made a statement by the police or the prosecution have been made.

② After the Defendant started to operate the business on July 6, 2017, the account balance on September 5, 2017 shall be -17,877,233 won, and the account balance on May 7, 2018 shall be 2,421,490 won.

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