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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, while directly managing the price for sexual traffic received from customers, deposited KRW 169,270,000, which remains after paying a monthly wage of KRW 169,270,00 in the account under the name of the Defendant. Since the Defendant paid rent, money collection, etc. necessary for the instant crime among the above money, the amount actually acquired by the Defendant is limited to KRW 100,000. Nevertheless, the lower court collected KRW 222,670,000 against the Defendant. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2) The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles
A. The purpose of collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is to deprive the offender of unlawful profits from the act in order to eradicate the act of arranging sexual traffic, etc. Thus, it is reasonable to deem that the scope of collection is limited to the profits actually acquired by the offender. However, since the tax, etc. paid by the offender in the course of performing the act of arranging sexual traffic is only one of the ways to consume the money and valuables acquired in return for the mediation of sexual traffic or to justify his act, the collection shall not be deducted from the amount of collection (see, e.g., Supreme Court Decision 2009Do223, May 14, 2009).
B) The remaining criminal proceeds, other than the benefits paid from B, D, and C, have been deposited into the bank account of the principal himself/herself. The lower court held that the sum total of KRW 169,273,00 and KRW 53,400,000,00, which is the amount paid by the Defendant to B, D, and C, was KRW 22,670,00.