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(영문) 대법원 2018.07.26 2018도8657
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed, and the case is remanded to the Gu Government District Court.

Reasons

The grounds of appeal (to the extent of supplement in case of supplemental pleadings not timely filed) are examined.

1. The purpose of collection under Article 25 of the Punishment of Commercial Sex Acts, Etc. Act (hereinafter “the Punishment of Commercial Sex Acts”) is to deprive the offender of unlawful profits from the act in order to eradicate the act of arranging commercial sex acts, etc.

Where several persons jointly engage in an act, such as arranging sexual traffic, and where it is impossible to confiscate money, valuables or other property acquired as a crime, the value of the profit actually acquired by each accomplice shall be additionally collected.

If individual benefits cannot be known, the total amount of benefits shall be equally divided and additionally collected from all accomplices, and the whole amount of benefits shall not be jointly collected from all accomplices (see, e.g., Supreme Court Decisions 2009Do2223, May 14, 2009; 2014Do7194, Aug. 20, 2014). 2. The summary of the charge against the Defendant is as follows.

A. The Defendant is a business proprietor operating a marina business (hereinafter “F”) with facilities such as marina rooms and shower rooms on the E and 2nd floor in Yangyang-si, Namyang-si.

B. The Defendant from June 1, 2017 to the same year.

8. Until July 1, 200, an unspecified number of male guests who find the instant marina business place by employing the illegal staying female of Thailand nationality as a female of sexual traffic, and having them receive 100,000 won per 1,80,000 won per 1,000 won for sexual traffic and sexual intercourse with the female of sexual traffic, thereby engaging in the act of arranging sexual traffic, and violating the Immigration Control Act.

3. According to the record, the following facts are revealed.

A. Police officers belonging to the Gyeonggi Northern District Police Agency shall obtain intelligence that sexual traffic takes place at the instant marina business establishment, and control the instant marina business establishment on August 7, 2017.

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