The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

35,420,00 won shall be additionally collected from the defendant.

1. The main point of the grounds for appeal is that the original court’s punishment (one hundred months of imprisonment and additional collection) is too unreasonable; and

2. Ex officio determination

A. The purpose of the collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive a woman engaged in sexual traffic of unlawful profits in order to eradicate the acts of arranging sexual traffic, etc. Therefore, it is reasonable to deem that the scope of the collection is limited to the profits actually acquired by the offender (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). In cases where part of the amount received from the offender, such as arranging sexual traffic, has been paid to the female engaged in sexual traffic, the scope of the collection is limited to the actual acquisition (see, e.g., Supreme Court Decision 2009Do223, May 14, 2009). The expenses (such as building rents, taxes and public charges, various operating expenses, etc.) disbursed in the course of performing the act of arranging sexual traffic, etc., and thus, it cannot be deducted from the amount of collection

In addition, it is not necessary to prove strictly because it is not related to the facts constituting the elements of crime, but also, if it is not possible to specify the criminal proceeds subject to collection, it shall be reasonable to recognize it by evidence, and if it is impossible to specify them, it shall not be collected.

(see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). Meanwhile, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic does not include crimes under Article 21 of the same Act, i.e., profits acquired by sexual traffic as a subject of confiscation and collection.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, ① the sum of KRW 70,940,000 in the Defendant’s National Bank account during the period of committing the instant arrangement of sexual traffic, ② the Defendant was paid in cash at the court of the first instance, and the Defendant was paid in most of the amount of sexual traffic at the court of the first instance.