성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the first instance shall be reversed.
Punishment against the defendants shall be prescribed as six months of imprisonment.
except that this judgment.
1. The decision of this court on the mistake of facts or misapprehension of legal principles on the summary of the grounds of appeal (the amount of additional collection by the defendant was calculated excessively), unjust sentencing
A. The purpose of the additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive a woman engaged in sexual traffic for the purpose of eradicating the act of arranging sexual traffic. Thus, the scope of the additional collection is limited to the profit actually acquired by the criminal by excluding the amount paid to the woman engaged in sexual traffic, and if it is impossible to confiscate the money and valuables, etc. that have been acquired by the criminal through the joint arrangement of sexual traffic, the value of the profit actually acquired by the accomplices shall be collected individually. If the individual amount of profit cannot be known, the total amount of profit shall be collected equally. However, if expenses such as taxes paid by the criminal in the course of performing the act of arranging sexual traffic, etc., such as wages to the employees, etc., are not only a method to consume the money and valuables acquired in return for the act of arranging sexual traffic,
(2) According to the evidence duly adopted and examined by the first instance court and the first instance court in light of the aforementioned legal principle, the Defendants were indicted for a total amount of KRW 2,129,363,849, except for the amount of money paid to the women of sexual traffic by arranging sexual traffic as shown in the attached list of crimes in the first instance judgment from January 19, 201 to January 19, 2013, as shown in the annexed list of crimes in the first instance, and obtaining profits from KRW 2,129,363,849 (the amount corresponding to the Defendant’s credit card sales among the businesses of arranging sexual traffic). Defendant A managed by the instant sexual traffic establishments.