The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of five million won, confiscation, and collection) is too unreasonable.

2. The purpose of the collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is to deprive ex officio prior to the judgment on the grounds of appeal by the defendant's ex officio, of unjust enrichment by the said act in order to eradicate the act of arranging sexual traffic, etc. Therefore, in a case where part of the amount received by the actor, such as arranging sexual traffic, has been paid to the sexual traffic women, the scope of the collection is limited to the actual acquired portion (see, e.g., Supreme Court Decision 2009Do223, May 14, 2009). In this case, the defendant paid 80,000 won out of the disposable profit acquired by arranging sexual traffic, and 1.60,00 won out of the 2.50,000 won to the women of arranging sexual traffic, and thus, only the remaining portion shall be collected after deducting the amount paid to the women of sexual traffic from the proceeds

Nevertheless, the court below did not deduct the amount of the surcharge when determining it, and there is an error of law by misunderstanding the legal principles as to the calculation of the surcharge.

3. Accordingly, the judgment of the court below is reversed the conviction part of the judgment below under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's allegation of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.