A. 348,500 won equivalent to the Defendant’s share out of 697,00 won confiscated from H and J on July 6, 2017 should be deducted from the additional collection charge because the Defendant did not actually acquire it.

Since the defendant has arranged sexual traffic as an incidental act while engaging in multiple businesses, 11,856,583 won, which the defendant had no choice but to consume for multiple businesses, shall be deducted from the additional collection charge.

B. Since the legal principles on confiscation are not used in criminal acts, the mobile phone for the misunderstanding of the legal principles on confiscation should be excluded from confiscation.

(c)

The punishment of the lower court (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order of 160 hours) is too unreasonable.

2. Determination

A. The purpose of the collection under Article 25 of the Act on the Punishment of Acts such as Mediation of Commercial Sex Acts, Etc. is to deprive the criminal of unlawful profits from the act in order to eradicate the act of arranging commercial sex acts, etc. Thus, it is reasonable to deem that the scope of the collection is limited to the profits actually acquired by the criminal. However, inasmuch as the expenses incurred by the criminal in the course of engaging in the act of arranging commercial sex acts, etc. are only one of the ways to consume the money and valuables acquired in return for the brokerage of commercial sex acts or to justify his/her act, the collection shall not be deducted from the amount of the collection (see Supreme Court Decision 2009Do223, May 14, 2009, etc.). In addition, in light of the above legal principles, it does not require strict proof to determine whether the collection is subject to the collection, whether the collection is subject to the collection, or whether the amount of the collection is recognized as a commercial sex acts (see, e.g., Supreme Court Decision 91Do3346, Jun. 222, 1993).