Hougong hotel 7

Prostitution has always been listed as a social cancer. This kind of activity not only seriously corrupts the social atmosphere and affects people's health, but also is not allowed by the current law. However, due to its rich profits, it attracts a large number of people to flock to earn ill-gotten gains.

Fan Xinhua, 43, was born in 1976, Rucheng County, Hunan Province. He came to Chenzhou many years ago to make a living. Later, he suspected that he did not earn money by working. He often shows people around in some entertainment clubs and gradually climbs to the position of being in charge of prostitution. 20 10, the Ruimou Leisure Club in Chenzhou City where Fan Xinhua is located was seized by the police for being deeply involved in organizing prostitution. Because Fan Xinhua was not the owner, he was only fined 1000 yuan.

Fan Xinhua should be awake by this time. After all, it is a serious illegal act to set up prostitution places and organize prostitution, which directly affects the social atmosphere. Maybe he will be investigated for criminal responsibility. However, because of laziness, Fan Xinhua did not think of changing a serious job, but continued to do odd jobs in this line to get benefits.

A few years later, Fan Xinhua was attracted by Gu Mou, the boss of Chenzhou City, and thought that he had rich experience in organizing prostitution. Gu Mou was preparing to open a foot bath city to engage in prostitution, and the two hit it off. Later, Gu gathered Fan Xinhua, Zhong Mou, and others to discuss opening a foot bath city on the first floor of Jin Mokang Hotel to engage in prostitution to make money, and cooperated with Gu Mou 50%, Fan Xinhua, Zhong Mou 20% and Liu 10%.

After docking the hotel, the pre-renovation funds will be provided by Gu. Later, when there was a problem with Gu's funds, he transferred 6% of his shares to internal employees. Fan Xinhua introduced his cousin to buy 3% shares in order to take more shares. Gu's money from the sale of shares was also used for the renovation of the website. It was renovated intermittently for half a year, and it was not officially completed until April of 20 17.

Fan Xinhua was very excited when he saw the beautifully decorated foot bath city. After all, this is the first step in his life to start a formal business. I used to work for people, but now I can finally be a boss, and my personal ambitions can finally be brought into play. After careful consideration, he is ready to do something big and become a "porter" in Chenzhou and even Hunan's "yellow" industry.

Needless to say, Fan Xinhua, who works hard in this line, really has some means. When decorating and designing, Fan Xinhua took the lead and designed the foot bath city in the hotel into two areas, A and B. Area A is a formal foot bath area, and all behaviors are transparent. Xian Yi has only four boxes for all ages, and there is nothing fishy outside. Actually, it's mainly to cover prostitution.

Then area B is the real prostitution place, 18 box, which is called "harem room" and the cashier is independent. If you want to enter area B from area A, you must go through the access control system. Strangers can't even enter area B. If you want to have a good time in Zone B, you must make a reservation through the introduction of the marketing staff. Of course, these customers will be inspected in advance by marketers and regular customers will be brought in.

On May 20 17, the foot bath city jointly invested by Fan Xinhua and others officially opened. Under the management of Fan Xinhua, the company has a clear division of labor. Liu came forward to register and serve as the legal representative, and Fan Xinhua directly participated in the management and served as the general manager, responsible for all the work except the property. At the same time, Fan Xinhua and others have also formulated rules and regulations, and made a very detailed division of the daily operation, recruitment, grading, training, management and soliciting prostitutes in the foot bath city.

After everything was ready, Fan Xinhua arranged for his men to recruit prostitutes through various channels, and prostitutes of all colors came to apply for jobs one after another. Through interviews, Fan Xinhua and others divided prostitutes into five grades according to their height, appearance and age, charging 720, 820, 920, 1 120, 1320 yuan respectively, from which prostitutes got 380, 430, 500, 600 and 700 yuan.

In order to stimulate the enthusiasm of prostitutes and keep them strictly confidential, Fan Xinhua and others also increased the percentage of commission. Each prostitute can get commissions ranging from 70 to 100 yuan. In this way, everyone's interests are the same, and there is no need to worry that prostitutes will reveal the real situation of the foot bath city, which makes it more difficult for the police to investigate and crack down.

In this way, this prostitution place of "selling dog meat by hanging sheep's head" has existed in Chenzhou for more than a year. But even if Fan Xinhua carefully arranges it, there is no windtight wall in the world. Because the business of the foot bath city has been very good since its opening, all kinds of people coming in and out have attracted the attention of the police. 2018 65438+1October 23rd, after careful arrangement by the police, the arrest operation began.

That night, the police handling the case in Zixing City booked a room through the recruiter Wang Moufei and asked him to arrange four prostitutes to serve. Afterwards, the case-handling personnel entered Jinmoukang Foot Bath City in makeup, and entered Area B under the reception of Yan Mouqing, the person in charge of the lobby, and introduced the services and prices of these prostitutes to the police on the spot. After fixing the criminal evidence, the police handling the case cleaned up the scene and arrested the men and women who were engaged in prostitution in Area B 1 1 pair.

According to the investigation by the police, Fan Xinhua and others introduced prostitution for more than 3,000 times from the opening to the arrest, and the illegal profits reached 986 1 957.5 1 yuan, of which from May 20 17 to June 20 10 and June 20 18. From 20 1 1 of 20 17 to 65438+2 of 20 17, the income in these two months is 4688 152 yuan. In other words, Fan Xinhua and others earn more than 2 million yuan a month, which is really a profiteering industry.

After Fan Xinhua and others were arrested, they were quickly handed over to the prosecution for review and prosecution. The prosecution prosecuted Fan Xinhua, Zhong Mou, Liu Mou and You Mou for organizing prostitution, and assisted Wang Moufei, Wang Moufu, Fan Mobo, Li, Yan Moheng, Li Moyan and Ouyang Moshuang for organizing prostitution, requesting the court to investigate the criminal responsibility of Fan Xinhua and others according to law.

After hearing the case, Zixing City Court of Chenzhou City made a judgment on August 15, 2065438. Fan Xinhua was sentenced to six months in prison and fined 800,000 yuan for organizing prostitution. The remaining arrested persons were sentenced to fixed-term imprisonment of 10 to 1 year respectively, and fined 800,000 yuan to100,000 yuan, partially suspended. At the same time, the illegal income shall be recovered and turned over to the state treasury.

However, after the verdict was pronounced, Fan Xinhua refused to accept it and filed an appeal, arguing that although he was the general manager and shareholder, he had no decision-making power and was an accomplice. The sentence in the original trial was too heavy and the fine was too high, so he asked for a revision. His accomplices, Zhong et al., also appealed one after another, saying that they were all accomplices, and the sentence was too heavy, requesting a change of sentence.

After hearing the case, Chenzhou Intermediate People's Court held that Fan Xinhua and others had clear criminal facts and sufficient evidence, and the listed evidence had been read, presented and cross-examined in court at the first instance. During the second trial, no objection was raised. Fan Xinhua and others, as shareholders and staff members of Jinmoukang Foot Bath City, managed multiple prostitution by means of recruitment, employment and gathering people, and the illegal income reached more than 9 million yuan. Their actions have constituted the crime of organizing prostitution and assisting in organizing prostitution.

In response to Fan Xinhua's argument that he was an accomplice, the court pointed out that Fan Xinhua, Zhong Mou, You Mou were not only shareholders of the prostitution place, but also engaged in management work in the place for a long time. It should be recognized that Fan Mouhua and Zhong Mou play a major role and are principal offenders, while You Mou plays a minor role and is an accomplice. Therefore, the defense opinions of Fan Xinhua, Zhong Mou, Liu Mou and others were not adopted.

In view of Fan Xinhua's statement that the sentence is too heavy, according to the relevant legal interpretation, those who commit the crime of organizing, forcing, luring, sheltering or introducing prostitution should be sentenced to a fine of more than one time but less than two times the crime income according to law. The original judgment was based on the illegal income of Fan Xinhua and others, and the double fine was in line with the law. The original judgment comprehensively considered Fan Xinhua and others' criminal facts, criminal nature, guilty attitude and the degree of harm to society, and appropriately sentenced them within the statutory sentencing range.