성매매알선등행위의처벌에관한법률위반(성매매알선등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. 70% out of the total amount of 3,1920,000 won recognized by the court below as a misunderstanding of facts or misunderstanding of legal principles as to the calculation of collection amount is female employees, and if the defendant excludes various expenses, the actual profits of the crime of this case are merely 20% of the above 3,1920,000 won
Therefore, the judgment of the court below that calculated an excessive amount of collection is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, confiscation, and collection) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles as to the calculation of the amount of the additional collection by the court below, the additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic intends to deprive the criminal of unlawful profits from the act of arranging sexual traffic in order to eradicate the act of arranging sexual traffic, etc. Thus, it is reasonable to deem that the scope of the additional collection is limited to the profits actually acquired by the criminal. However, since the cost of taxes, etc. incurred by the criminal in the course of performing the act of arranging sexual traffic is only one way to consume the money and valuables acquired in return
(See Supreme Court Decision 2008Do1392 Decided June 26, 2008, etc.). (2) The evidence duly adopted and examined by the court below and the defendant's investigation agency and the defendant's average of KRW 2 million per month for 1 year and 6 months.
“Statements to the effect (Evidence List Nos. 22, 30, 31) and the second and third suspect interrogation statements to the accused prepared by the judicial police assistant, each statement of the accused accused prepared by the prosecutor (Investigation Record No. 185, 272, 318), summary of the pleading (No. 155 pages of the litigation record) and statement of the average monthly income in the investigation agency of M, etc.