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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The court below's decision that did not confiscate the claim for the return of the deposit in the annexed sheet from the defendant (hereinafter "claim in this case") is erroneous in the misunderstanding of facts, misunderstanding of legal principles, or misunderstanding of sentencing. Since the confiscation stipulated in Article 8 of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds is discretionary, the issue of whether to confiscate the property that meets the requirements for confiscation is at the discretion of the court (see Supreme Court Decision 2020Do3969, Jun. 4, 2020, etc.). Accordingly, the prosecutor's appeal seems to be justified in sentencing.
2. Determination
A. Article 8(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “Criminal Proceeds Act”) provides that “criminal proceeds” may be confiscated.
Meanwhile, Article 2 subparag. 2 subparag. 2(b)1 of the Criminal Proceeds Act provides that “funds or property related to a crime under Article 19 subparag. 1 (limited to the act of providing funds, land, or buildings despite being aware of the fact that they are provided for sexual traffic among the acts of arranging, etc. for sexual traffic)” as one of the “criminal proceeds” under the above Act. Article 2 subparag. 2(c) of the Punishment of Commercial Sex Act provides that “any act of providing funds, land, or buildings with knowledge of the fact that they are provided for sexual traffic” includes “an act of arranging, soliciting, soliciting, or compelling sexual traffic” [Article 2 subparag. 2(a) of the Punishment of Commercial Sex Act, or “an act of providing a place for sexual traffic” [Article 2 subparag. 2(a) of the Punishment of Commercial Sex Acts [Article 2(1)2(a) of the same Act] or “an act of providing a place for sexual traffic” [Article 2(1)2(b)3(b) of the same Act, 5(b) of the Punishment of the Commercial Act.