Therefore, it is unreasonable for the court below to calculate a surcharge on the premise that the defendant made an annual sales of KRW 500,000 per day within the business period.

Considering the fact that other defendants reflects the mistake and that the proceeds from the crime of this case have not yet been realized, the sentence imposed by the court below (2 years of suspended sentence in October) is too unreasonable.

2. Determination

A. The purpose of the collection under Article 25 of the Act on the Punishment of Acts such as the Mediation, etc. of Commercial Sex Acts is to deprive the offender of unlawful profits from the act in order to eradicate the act such as arranging commercial sex acts. Thus, the scope of the collection is limited to the profits actually acquired by the offender.

In cases where an actor, such as brokerage of commercial sex acts, pays part of the amount received from customers to employees of commercial sex acts, the scope of the collection is limited to the profits actually acquired by the offender except for the amount paid to employees of commercial sex acts women, and the expenses (such as building rents, public charges, various operating expenses, etc.) incurred in the course of engaging in the act, such as brokerage of commercial sex acts, are merely one of the methods of consuming the money and valuables acquired in return for the act, such as brokerage of commercial sex acts, and does not necessarily be deducted from the amount of the collection (see, e.g., Supreme Court Decisions 2008Do1392, Jun. 26, 2008; 2014Do10735, Nov. 27, 2014).