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The judgment below
Among them, the part of collection against Defendant A shall be reversed.
Defendant
A 7,520,00 won shall be additionally collected.
Reasons
Summary of Grounds for Appeal
Defendant
A The sentence of imprisonment (one year and six months of imprisonment, confiscation, additional collection of 5.420,00 won) imposed by the court below against the defendant is too unreasonable.
Defendant
B The punishment (one year of imprisonment, additional collection 7.520,00 won) sentenced by the court below against the defendant is too unreasonable.
① The Prosecutor’s Defendant A obtained the benefit of KRW 7,520,00 as a crime of the case [2014 Godan3359], and thus, the amount of additional collection should be ordered. ② Each sentence (Defendant A: imprisonment of one year and six months, confiscation, additional collection of KRW 5,420,00,000,000,000,000,0000,0000 won) that the lower court rendered against the Defendants (Defendant B; imprisonment of one year and one year, confiscation, additional collection of KRW 7,520,000,000,000,000 won, KRW 4,000,000,000)
Judgment
Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic to Defendant A provides that "the money and valuables or other property acquired by a person who commits an offense provided for in Articles 18 through 20 shall be confiscated, and where confiscation is impossible, the equivalent value thereof shall be additionally collected." According to the records, it shall be recognized that Defendant A has obtained profits equivalent to 15,040,00 won by arranging commercial sex acts for 331 times in collusion with Defendant B and arranging commercial sex acts for 15,040,000 won, such as the attached list of crimes attached to the judgment of the court below. Where several persons jointly engage in an act of arranging commercial sex acts, etc., if it is impossible to confiscate money and valuables or other property acquired by each accomplice as a result of the crime, the equivalent value of profits actually acquired shall be collected, and if individual amount of profit cannot be known, the whole amount of profit shall be collected equally (see Supreme Court Decision 200, May 14, 2009; 200Do2757, May 27, 2009).