The judgment of the court below is reversed.

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

One Suwon District Prosecutors' Office, which has been seized Samsung mobilephone.

1. The gist of the reasons for appeal is that the original court’s punishment (one year of imprisonment, confiscation and collection) is too unreasonable;

2. Ex officio determination

A. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that "the money and valuables or other property that a person who has committed an offense, such as arranging commercial sex acts, shall be confiscated, and where it is impossible to confiscate it, the equivalent value thereof shall be collected." Thus, in cases where money and valuables have been confiscated by the defendant pursuant to the above provision, the equivalent value thereof shall

In addition, the collection under the above provision intends to deprive the criminal of unlawful profits for the purpose of eradicating the act of arranging sexual traffic, etc., so it is reasonable to view that the scope of the collection is limited to the profits actually acquired by the criminal.

B. (See, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008).

The lower court sentenced the Defendant to additionally collect 420,00 won (i.e., the full amount received by the Defendant on January 7, 2004 one time from February 24, 2014, and one time from February 25, 2014) that can be specified as stated in the facts constituting a crime in the lower judgment among the payments that the Defendant received from a sexual buyer due to the act of arranging sexual traffic in this case. According to the records, the Defendant stated in the police that “The Defendant sent 30,000 won to the female employee who had the remainder of 30,000 won out of the sexual traffic payment,” and that G and L also made the same statement to the same effect, 50,000 won (No. 4035, Jan. 7, 2004; No. 12135, Feb. 24, 2014; and 2010, Feb. 25, 2014).