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(영문) 울산지방법원 2018.08.31 2018노663
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

Among them, the part of additional collection against the defendant shall be reversed.

323,631,00 won shall be collected from the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, confiscation, collection 337,410,000 won) is too unreasonable.

2. Determination

A. ex officio determination on the portion of collection: (i) The total sales amount of the instant sexual traffic business establishment from around 20,985,00 won [=494,975,00 won during the pertinent period from around March 2017 to around September 20, 200] (i) the average sales amount of KRW 1,523 per customer x 325,000 for each customer 20: (ii) the sales amount of KRW 185,090 from around 10 to January 2018 (the amount calculated by dividing the payment rate of the cash card from around 0, 200 to 0.5; (iii) the sales amount of KRW 75,00 for each customer x 205; (iv) the average sales amount of KRW 75,000 for each customer x 205,000 for each customer x 205,000 won; and (v) the amount calculated as the average sales amount of KRW 250,5375,505.

Therefore, according to the evidence duly adopted and examined by the court below, the remainder of the crime proceeds of this case excluding the contents related to the ordinary sales around February 2018 is as properly stated by the court below. However, since the credit card sales amount of the instant commercial sex business establishment around February 2018 is KRW 6,365,00, and the payment rate of the said period cash substitute card is 7:3,00, the above period of sales amount is 21,216,00 won (= KRW 6,365,000 in cash sales amount of KRW 6,365,00 in credit card sales amount of KRW 14,851,00 in cash sales amount of KRW 6,365,00 in x below 7/3,00 in x below 7,000) is reasonable.

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