An illegal profit of 6505003 yuan from prostitution in a bathroom in Nantong

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 An illegal profit of 6505003 yuan from prostitution in a bathroom in Nantong


The defender, Fei Jinxin, is a lawyer of Jiangsu Shanshui law firm.

The defendant Chen Bing, male, born on October 13, 1979, is the person in charge of the fourth floor of Yuhao bathroom, Chuanjiang Town, Tongzhou District, and lives in Gongan County, Hubei Province. He was detained by the Public Security Bureau of Tongzhou District of Nantong City on January 2, 2019, and arrested on February 2, the same year. He is now in custody in Tongzhou detention center of Nantong city.

The defendant Wang Ping, female, born on March 8, 1985, is a staff member on the fourth floor of Yuhao bathroom, Chuanjiang Town, Tongzhou District, and lives in Gongan County, Hubei Province. He was detained by the Public Security Bureau of Tongzhou District of Nantong City on December 29, 2018 for the crime of assisting in organizing prostitution, and was arrested on February 2, 2019 for the crime of organizing prostitution. He is now in custody in Nantong detention center.

Appointed defender Cao Haifang, lawyer of Jiangsu Siweida law firm.

The defendant Zhang Yong, male, born on February 24, 1984, is the foreman on the fourth floor of Yuhao bathroom, Chuanjiang Town, Tongzhou District, and lives in Huangshi City, Hubei Province. He was detained by Xisaishan branch of Huangshi Public Security Bureau for 10 days on November 8, 2013 for drug abuse. He was detained by the Public Security Bureau of Tongzhou District of Nantong City on December 29, 2018 for the crime of assisting in organizing prostitution, and was arrested on February 2, 2019 for the crime of organizing prostitution. He is now in custody in Tongzhou detention center of Nantong city.

Appointed defender Cao Yuhong, lawyer of Jiangsu Siweida law firm.

The defendant Chen Quan, male, born on April 16, 1998, is a waiter on the fourth floor of Yuhao bathroom, Chuanjiang Town, Tongzhou District, and lives in Guoyang County, Anhui Province. He was detained by the Public Security Bureau of Tongzhou District of Nantong City on February 16, 2019 for the crime of assisting in organizing prostitution, and was arrested on March 25 of the same year. He is now in custody in Tongzhou detention center of Nantong city.

The defender, Chen Deyi, is a lawyer of Jiangsu Haiyue (Nantong) law firm.

The peoples Procuratorate of Tongzhou District, Nantong City, charged the defendants Zhang Yuanhua, Chen Bing, Wang Ping and Zhang Yong with the crime of organizing prostitution and the defendant Chen Quan crime of assisting in organizing prostitution with the indictment of Tongzhou District Peoples Procuratorate [2019] No. 443, and filed a public prosecution in this Court on July 16, 2019. As the case involves personal privacy, the court formed a collegial panel according to law to hear the case in private on August 13, 2019 and June 9, 2020. Nantong Tongzhou District Peoples Procuratorate appointed procurator Wang Guiyang to appear in court to support the public prosecution. The defendants Zhang Yuanhua, Chen Bing, Wang Ping, Zhang Yong and Chen Quan, and the defenders Cai Hefei, Cao Haifang, Cao Yuhong, Chen Deyi and Huang Zhuyun attended the lawsuit. The case has now been concluded.

The peoples Procuratorate of Tongzhou District, Nantong City, accused Zhang Yuanhua of operating Yuhao bathroom in Chuanjiang Town, Tongzhou District, in August 2017. In order to seek illegal interests, Zhang Yuanhua has entrusted the fourth floor of the bathroom to the defendant Chen Bing from October 2017, tacitly allowing Chen Bing to recruit and manage prostitutes to engage in prostitution activities in the shop. Both parties agreed that Zhang Yuanhua would share 56% of the turnover and Chen Bing would share 44% of the turnover. Chen Bing again gave 40% of the turnover to prostitutes, and he actually got 4%. Chen Bing recruits, recruits, trains and manages prostitutes. The defendant Zhang Yong is mainly responsible for assisting Chen Bing to manage prostitutes. The defendant Wang Ping introduces clients from the third floor of the bathroom to the fourth floor, sometimes assisting Chen Bing and Zhang Yong in managing prostitutes. Chen Quan is mainly responsible for registering the prostitution situation on that day and sending condoms to the box.

On December 28, 2018, the public security organ banned the bathroom and seized 10 prostitutes, including Xia, Su, Liu, Zeng, Zhang, Qu, Qi, Peng, Ji and Wang. Later, the public security organs seized the articles involved in the case. From October 2017 to the incident, the total illegal income from prostitution in Yuhao bathroom was 6505003 yuan, including 3706164 yuan for Zhang Yuanhua and 336471 yuan for Chen Bing.

The public prosecution organ held that the defendants Zhang Yuanhua, Chen Bing, Wang Ping and Zhang Yong organized prostitution and violated the first paragraph of article 358 of the criminal law of the peoples Republic of China, and should be investigated for criminal responsibility for the crime of organizing prostitution. The defendant, Chen Quan, who assisted in organizing prostitution, violated the provisions of the fourth paragraph of article 358 of the criminal law of the peoples Republic of China, and shall be investigated for criminal responsibility for the crime of assisting in organizing prostitution. In the process of jointly organizing prostitution, Zhang Yuanhua and Chen Bing are the principal criminals, and they should be punished according to all the crimes they participate in or organize and command. Zhang Yong and Wang Ping are accomplices and should be given a lighter or mitigated punishment. After committing a crime, Chen Bing voluntarily surrenders his crime and confesses his crime truthfully, which can be given a lighter or mitigated punishment. If Wang Ping, Zhang Yong and Chen Quan truthfully confessed their crimes, they could be punished with a lighter punishment.

The defendant, Zhang Yuanhua, had no objection to the facts of the crime charged in the indictment and voluntarily pleaded guilty. However, he proposed that there was a boss behind the scenes in the bathroom, who did not get the benefits agreed in the contract.

The defendant, Wang Ping, disagreed with the charges. He was only responsible for bringing the guests from the third floor to the fourth floor, and received a fixed salary of 4000 yuan per month, which should be regarded as the crime of assisting in organizing prostitution.

The defendants, Chen Bing, Zhang Yong and Chen Quan, had no objection to the facts of the crime charged in the indictment, and voluntarily pleaded guilty.

The defenders Cao Haifang and Cao Yuhong have no objection to the facts and charges charged in the indictment, but put forward that the defendants Wang Ping and Zhang Yong are both first-time offenders, have a good attitude of confession, and participate in the crime for a short time. They are both accomplices, and suggest that they should be given a lighter punishment.

Chen Deyi, the defender, points out that the defendant Chen Quan is only a general service personnel, who gets a fixed salary of about 3000 yuan per month. Therefore, it does not constitute the crime of assisting in organizing prostitution, which is an illegal act. Even if it constitutes a crime, it is also a first-time crime or an occasional crime, and its subjective malignancy is not deep, so probation can be applied to it.

According to the trial, in July 2017, the defendant Zhang Yuanhua and others invested in the bathroom, and registered Yuhao bathroom (individual business household) in Chuanjiang Town, Tongzhou District in the name of the defendant Zhang Yuanhua. The defendant Zhang Yuanhua was responsible for the specific operation and held a certain share. In October 2017, the defendant Zhang Yuanhua signed a contract with the defendant Chen Bing, and entrusted the fourth floor of the bathroom to the defendant Chen Bing. It was agreed that the defendant Chen Bing would receive 44% of the prostitution income (40% of which was the wage of a prostitute, and 4% of her own actual income), and the rest belonged to the bathroom. Later, the defendant Chen Bing recruited, trained and managed prostitutes to engage in prostitution activities on the fourth floor of the bathroom. In July 2018, the defendant Zhang Daren began to assist the defendant Chen Bing in managing prostitutes. From July to November, he received a monthly salary of RMB 3000 and December received a salary of RMB 5000. In October 2018, the defendant Wang Ping was responsible for introducing clients from the third floor of the bathroom to the fourth floor, sometimes assisting the defendants Chen Bing and Zhang Yong in managing prostitutes, and received a monthly salary of 4000 yuan. From November 21, 2017 to the crime, the total income of prostitution in the bathroom was more than 6.5 million yuan, including more than 3.7 million yuan of illegal profit in the bathroom and more than 330000 yuan of illegal profit of Chen Bing.

On December 28, 2018, the Public Security Bureau of Tongzhou District, Nantong City, banned the bathroom, arrested 10 prostitutes, including Xia, Su, Liu, Zeng, Zhang, Qu, Qi, Peng, Ji and Wang, and seized the monitoring equipment, walkie talkie, mobile phone, intelligent POS, computer, account book and other items, as well as RMB 4545. On the same day, the defendants Wang Ping and Zhang Yong were arrested and brought to justice. On January 2, 2019, the defendant Chen Bing surrendered to the public security organ. On the 17th of the same month, the defendant Zhang Yuanhua was arrested. On February 16 of the same year, Chen Quan, the defendant, was arrested. After arriving at the case, the defendants Chen Bing, Wang Ping, Zhang Yong and Chen Quan all truthfully confessed their crimes.

During the trial, Chen Quans relatives voluntarily withdrew from the court and made an illegal profit of RMB 9000.

The above facts shall be proved by the following evidence provided by the public prosecutor in court and cross examined in court:

(1) The administrative punishment decision of Xisaishan Public Security Bureau proves that Zhang Yong, the defendant, was administratively detained by Xisaishan branch of Huangshi Public Security Bureau for 10 days on November 8, 2013 for drug abuse.

(2) A copy of the business license of Yuhao bathroom in Chuanjiang Town, Tongzhou District, which proves the contents of the business license and that the operator of the bathroom is Zhang Yuanhua.

(3) Nantong Tongzhou District administrative punishment decision, proving the case of prostitution and whoring personnel by administrative punishment.

(4) The contract provided by the defendant Zhang Yuanhua proves that one is the contract signed with Nantong TongZhou Yuhao embroidery Clothing Co., Ltd., and the other is the contract signed by him and Chen Bing.

(5) A copy of the handwritten record obtained by the Public Security Bureau of Tongzhou District of Nantong city proves the content of the management system formulated by the defendant Chen Bing, as well as the time, frequency and income of prostitution recorded.

(6) Nantong City Tongzhou District Public Security Bureau transferred Nantong Yuhao bathroom performance commission distribution form, etc., proving the contents of the above Commission distribution form and Chen Bings handwritten statistics from December 21 to 26, 2018.

(7) A copy of the registration form for technicians clocking in transferred by the Public Security Bureau of Tongzhou District, Nantong City, proves the contents of the registration form for technicians clocking in Yuhao bathroom of shift a on December 27, 2018.

(8) The description of the funds involved in the case and the sorting out of the forms, receipts and bank payment receipts prove that the total income of Chen Bing and others from organizing prostitution from November 21, 2017 to December 26, 2018 is 6505003 yuan, and Chen Bings illegal profit is 336471 yuan. Yuhao bathroom made an illegal profit of 3539384 yuan from November 21, 2017 to December 20, 2018, and 164780 yuan (not settled with Chen Bing) from December 21 to December 26, 2018, with a total illegal profit of 3704164 yuan.

(9) On March 31, 2020, the Public Security Bureau of Tongzhou District of Nantong City replied to the decision of the court to obtain materials, which proved that the Yuhao bathroom was invested by Zhang Yuanhua and others in partnership, and there is no evidence to prove that other partners organized prostitution. The Bureau will continue to investigate and, if confirmed, will take immediate enforcement measures.

The court held that the defendants Zhang Yuanhua, Chen Bing, Wang Ping and Zhang Yong organized others to engage in prostitution, and the circumstances were serious, and their acts constituted the crime of organizing prostitution; the defendant Chen Quan assisted in organizing prostitution, and his behavior constituted the crime of assisting in organizing prostitution. Nantong Tongzhou District Peoples Procuratorate accused the main criminal facts are clear, the evidence is accurate and sufficient, the charge is established, this court will support.

On the defense opinion of the defender Cai Hefei that the defendant Zhang Yuanhua only belongs to the crime of accommodating prostitution. After investigation, the defendant Zhang Yuanhua apparently contracted the fourth floor of the bathroom to the defendant Chen Bing. In fact, he supported and connived the defendant Chen Bing and others in organizing prostitution activities, and obtained huge profits from it in proportion to the income from prostitution. Therefore, the defendant Zhang Yuanhua also constitutes the crime of organizing prostitution and does not accept the defense opinion of CAI Hefei.

Whether the other partners in the bathroom are involved in a crime or not can be prosecuted in a separate case after further investigation by the public security organ. However, this factor has been fully considered in the case.

In the process of jointly organizing prostitution, the defendants Zhang Yuanhua and Chen Bing play a major role and are the principal criminals. They should be punished according to all the crimes they participated in or organized and directed. The defendants Zhang Yong and Wang Ping play a secondary role and are accomplices and should be given a lighter, mitigated or exempted punishment. After committing a crime, the defendant, Chen Bing, voluntarily surrendered and truthfully confessed his crime. He may be given a lighter or mitigated punishment. If the defendants Wang Ping, Zhang Yong and Chen Quan truthfully confessed their crimes, they could be punished with a lighter punishment. The defendants Zhang Yuanhua, Chen Bing, Wang Ping, Zhang Yong and Chen Quan all voluntarily pleaded guilty and may be given a lighter punishment as appropriate. The illegal gains involved in the case shall be confiscated and turned over to the state treasury. In order to enforce the national law, punish crimes and maintain public order, the judgment is made in accordance with the provisions of the first and fourth paragraphs of article 358, the first paragraph of Article 25, the first and fourth paragraphs of Article 26, the first and third paragraphs of Article 67, and the sixth and Fourteenth articles of the criminal law of the peoples Republic of China

1u3001 The defendant, Zhang Yuanhua, who committed the crime of organizing prostitution, was sentenced to fixed-term imprisonment of 10 years and a fine of RMB 800000 yuan (the term of imprisonment is calculated from the date of execution of the judgment; if the defendant is detained before the execution of the judgment, one day of custody is equivalent to one day of the sentence, that is, from January 18, 2019 to January 17, 2029; the fine shall be paid within 10 days after the judgment takes effect).

2u3001 The defendant, Chen Bing, for the crime of organizing prostitution, was sentenced to 10 years imprisonment and a fine of 700000 yuan (the term of imprisonment is calculated from the date of execution of the judgment; if the defendant is detained before the execution of the judgment, one day of custody is equivalent to one day of the sentence, that is, from January 2, 2019 to January 1, 2029; the fine shall be paid within 10 days after the judgment takes effect).

4u3001 The defendant, Zhang Yong, who committed the crime of organizing prostitution, was sentenced to five years and three months imprisonment and a fine of RMB 40000 (the term of imprisonment is calculated from the date of execution of the judgment; if the defendant is detained before the execution of the judgment, one day of custody shall be converted into one day of the sentence, that is, from December 29, 2018 to March 28, 2024; the fine shall be paid within 10 days after the judgment takes effect).

5u3001 The defendant, Chen Quan, was sentenced to one year and six months imprisonment and a fine of 18000 yuan (the term of imprisonment is calculated from the date of execution of the judgment; if the defendant is detained before the execution of the judgment, one day of custody is equivalent to one day of the sentence, that is, from February 16, 2019 to August 15, 2020; the fine has been paid).

6u3001 The illegal profit of RMB 9000 yuan withdrawn by the defendant Chen Quan shall be confiscated and turned over to the state treasury.

The defendant, Chen Bing, was ordered to withdraw from the illegal profit of 330000 yuan, which was confiscated and turned over to the state treasury.

Wang Ping, the defendant, was ordered to withdraw from the illegal profit of 12000 yuan, which was confiscated and turned over to the state treasury.

Zhang Yong, the defendant, was ordered to withdraw from the illegal profit of RMB 20000, which was confiscated and turned over to the state treasury.

8u3001 The seized RMB 4545 yuan shall be confiscated and turned over to the state treasury.

If you are not satisfied with this judgment, you may appeal to Nantong intermediate peoples court through our court or directly to Nantong intermediate peoples Court of Jiangsu Province within 10 days after receiving the judgment. If you appeal in writing, you should submit one original and two copies of the appeal.