성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. In light of the fact that the defendant is against the gist of the grounds for appeal, that the defendant committed the crime of this case for the purpose of maintaining a livelihood, and that the court below additionally collected more amount than the actual profit gained by the defendant through the crime of this case, the punishment of imprisonment (one year of imprisonment, additional collection 141,530,000 won) imposed by the court below against the defendant is too unreasonable.
2. The purpose of the collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is to deprive a woman engaged in sexual traffic of illegal profits in order to eradicate the acts of arranging sexual traffic, etc. Therefore, it is reasonable to deem that the scope of the collection is limited to the profits actually acquired by the offender (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). In a case where part of the amount that the actor received from the customer, such as arranging sexual traffic, has been paid to the female engaged in sexual traffic, the scope of the collection is limited to the actual acquisition (see, e.g., Supreme Court Decision 2009Do223, May 14, 2009). In light of the above legal principles, it is examined ex officio as to
The following facts can be acknowledged according to the evidence duly adopted and examined by the court below.
(1) The defendant mediates commercial sex acts, and received the price of KRW 100,00 per time from customers, KRW 90,000, KRW 80,000 per time, and KRW 50,000 in cash or magnetic banking.
(Evidence Records 50 pages, 227 pages, 321 pages, and Defendant’s trial court statement). (2) The Defendant deposited and managed the profits from the instant crime into the Daegu Bank Deposit Account (T).
(Evidence No. 322 pages, 353 pages). ③ The Defendant paid 50,000 won out of the respective payments received from customers to sexual traffic women, and the Defendant was released from the said Daegu Bank’s deposit account managed and paid on a daily basis.
(Evidence Records 322 pages, 401 pages, Defendant’s oral statement at the trial)