All the judgment below is reversed.

Defendant

A Imprisonment for one year, Defendant C, and Defendant E, respectively, shall be punished by imprisonment for 10 months.

Summary of Grounds for Appeal

Defendant

A1) The additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic shall be limited to the amount of profit actually acquired by Defendant A in consideration of the act of arranging sexual traffic. Thus, the amount paid by the said Defendant in consideration of sexual traffic from customers shall be excluded from the amount of additional collection from the Defendant A. Nevertheless, the lower court calculated the additional collection including the amount paid by Defendant A to the sexual traffic women. In so doing, the lower court erred by misapprehending the legal principles of additional collection, thereby affecting the conclusion of the judgment. 2) The sentence (one year of imprisonment) sentenced by the lower court to Defendant A is too unreasonable.

Defendant

C1) Of the additional collection amount of KRW 4,440,00 as recognized by the lower court by misapprehending the legal principles, the amount paid to a female sexual traffic, should be excluded. 2) The sentence imposed by the lower court on Defendant C (one hundred months of imprisonment) is too unreasonable.

Defendant

D The punishment sentenced by the court below to Defendant D (ten months of imprisonment) is too unreasonable.

Defendant

E1) Of the additional collection amount of KRW 9,750,00 as recognized by the lower court, the amount paid to female sex trafficking women should be excluded. 2) The sentence imposed by the lower court on Defendant E (one hundred months of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable.

Judgment

Defendant

The purpose of the collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to eradicate the acts of arranging commercial sex acts, etc. Therefore, the scope of the collection is limited to the profits actually acquired by the offender, and accordingly, where half of the amount received by the actor from the customer is paid to the commercial sex acts woman, the scope of the collection is the actual acquisition.