A. misunderstanding of the facts or misunderstanding of the legal principles as to the collection amount 1) Defendant’s “H” has found customers who do not engage in commercial sex acts, and there is no objective data to recognize that the Defendant’s profits earned in the course of operating commercial sex acts are an average of 4.50,000 won per day.

2) The lower court calculated a surcharge on the premise that the Defendant had operated a sexual traffic business establishment for six months, but excluding holidays on which the Defendant did not conduct such business, the period during which the Defendant actually operated a sexual traffic business establishment is less than five months. 3) Therefore, the lower court erred by misapprehending the fact that the lower court’s collection of KRW 47,961,00 from the Defendant was conducted by deeming that the profits earned by the Defendant while operating a sexual traffic business establishment are KRW 81 million, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of

B. The sentence of the lower court against an unfair defendant (the imprisonment of eight months, the surcharge of 47,961,00 won) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of misunderstanding of facts or misapprehension of legal principles as to the daily average earnings is subject to confiscation or collection, and the recognition of the amount of collection is not related to the elements of crime (see, e.g., Supreme Court Decision 2005Do9858, Apr. 7, 2006) and there is no need for strict certification (see, e.g., Supreme Court Decision 2005Do988, Apr. 7, 2006). In other words, the following circumstances revealed by evidence duly adopted and investigated by the court below, the defendant is almost commercial customers, an average of 4-5 persons per day, an average of 40,00 won per day, from 40 minutes of cash to 130,000 won per day, and the average daily earnings from 130,000 won per day are consistent and specifically stated as 4,50,000 won per day (see, e.g., Supreme Court Decision 2445, 2439, Apr. 6, 208).