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. Summary of grounds for appeal;
A. (1) The Prosecutor sentenced the Defendant to an additional collection of KRW 254,056,50 against misunderstanding of facts and misunderstanding of legal principles (as to additional collection), but this was based on H’s statement accepted part of the Defendant’s assertion, and the lower court was calculated in a arbitrary manner, as well as the I’s monthly wage was not considered when calculating the additional collection based on H’s monthly wage.
The criminal proceeds from arranging commercial sex acts committed by the defendant fall under KRW 343,24,013 [the above KRW 1,525,528,949 x 0.45 x 1/2 (the defendant's wife)] out of KRW 1,525,528,949 x 343,244,013 (the above KRW 1,525,528,949 x 0.45 x 1/2 (the defendant's wife's wife) while the defendant's criminal proceeds from arranging commercial sex acts was paid to the defendant's agricultural bank account in the defendant's wife E during his/her business period
(2) It is reasonable to view that the scope of collection is limited to the profits actually acquired by the criminal, and that half of the amount received by the criminal, such as arranging sexual traffic, is limited to the amount actually acquired, and if it is impossible to confiscate money, goods and other property acquired by the criminal, the amount of collection shall be limited to the amount actually acquired, and if it is impossible to confiscate money, goods and other property acquired by the criminal, the value of the actual acquired profits by the criminal shall be additionally collected.
Therefore, even if the defendant and E are married, the property whose husband and wife belong is unclear.