A. The profit actually acquired by the defendant due to the crime of this case by a mistake of facts concerning the calculation of the amount of collection shall not be 5 million won.

Therefore, there is an error of law that affected the judgment by misunderstanding facts in the judgment of the court below that excessive amount of collection.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, community service, confiscation, and collection) is too unreasonable.

2. 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 the criminal of unlawful profits from the act of arranging commercial sex acts in order to eradicate the act of arranging commercial sex acts, etc. Therefore, the scope of the collection is limited to the profits actually acquired by the criminal. However, since the tax, etc. incurred by the criminal in the course of performing the act of arranging commercial sex acts is only a method to consume the money and valuables acquired in return for the act of arranging commercial sex acts or to justify his/her act, the collection shall not be deducted from the

(See Supreme Court Decision 2008Do1392 Decided June 26, 2008, etc.). The evidence duly adopted and examined by the court below and the defendant's investigative agency to the effect that "if there are four female employees, five officetels have been used as a place for similar intercourse, an average of five customers has been found a day, an average of KRW 200,000 per day, an average of KRW 6 million per month, and a profits have been earned (Article 68-75 of the Investigation Records) of the suspect interrogation protocol against the defendant prepared by the judicial police officer No. 22 No. 22 of the evidence list), investigation report (Article 68-75 of the Investigation Records), and each statement on the screen for the closure of CCTV images (Article 230-232 of the Investigation Records), I, and J's statements, etc., the defendant acquired profits of KRW 9 million as the crime of this case (=9 million average of KRW 200,45,000 per day).