The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that of the defendant.

A. The sentence of the lower court (two years of suspended execution in October, community service, and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the defendant and prosecutor’s grounds for appeal on the surcharge, an ex officio surcharge shall be examined as to the surcharge.

Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a person who has committed a crime of arranging sexual traffic shall confiscate money, goods or other property acquired by the crime, and if it is not possible to confiscate it, the equivalent value shall be collected. The equivalent value under the above provision is intended to deprive him of the necessity of unjust enrichment for eradicating the act of arranging sexual traffic, etc.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the scope of forfeiture and collection, and by exceeding the bounds of the principle of free evaluation of evidence, and by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal, the court below erred by misapprehending the legal principles as to the scope of forfeiture and collection.

(See Supreme Court Decision 2008Do1392 Decided June 26, 2008). In light of the above legal principle, according to the health stand in this case, according to the evidence duly adopted and investigated by the court below, the defendant is not different from the amount of brokerage commission that the defendant receives according to the trade name of the "E Job Placement Service" (hereinafter "the job placement service in this case") when operating a pay job placement service (the name E.S. E. E., hereinafter "the job placement service in this case"). The defendant gains women's friendship in the dan, etc., encourage them to provide entertainment or have them engage in commercial sex acts, and receives 20,000 won per time under the pretext of brokerage commission.

Even if the defendant mediates sexual traffic of female helpers and received brokerage fees, it shall be considered as arranging sexual traffic.