A. In the case of a similar sexual intercourse, the Defendant paid 40,000 won out of 70,000 won in the case of a similar sexual intercourse, and 75,000 won out of 120,000 won in the case of a sexual intercourse. The Defendant paid 1,50,000 won to the male employees of the instant business establishment each month, and paid 1,50,000 won monthly salary to the male employees of the instant business establishment. The rent for the instant business establishment was also paid each month.

Therefore, the above expenses should be deducted when the defendant calculates the actual profits through the arrangement of commercial sex acts.

In addition, the defendant did not operate business on Sundays and operated only 26 days per month.

Nevertheless, the lower court rendered an additional collection of KRW 102,00,000 on the ground that the Defendant earned a monthly profit of KRW 6,000,000 from December 25, 2012 to May 28, 2014 (average of KRW 2,00,000 per day). Therefore, the lower court erred by misapprehending the fact regarding the calculation of the additional collection charge or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below (one year of imprisonment, three years of probation, 40 hours of probation, 102,00,000 won of confiscation, additional collection) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic intends to deprive the criminal of unlawful profits in order to eradicate the acts of arranging sexual traffic, etc. Therefore, it is reasonable to deem that the scope of the collection is limited to the profits actually acquired by the criminal. If a person is employed by a business owner who comprehensively operates a sexual traffic business place and received a monthly salary from the business owner while taking charge of the affairs such as response, guidance, settlement of prices, etc., and if there is an employee who received a monthly salary from the business owner, the full amount of the amount of profits earned by the act of arranging sexual traffic, etc. is acquired by the business owner, and the employee received from the