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The Defendants’ appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A obtained the benefit of KRW 35290,000,000 from the instant crime, and KRW 154 million from Defendant B
Despite the fact that the court below ordered additional collection of each of the above amounts, it erred in the misapprehension of legal principles as to the calculation of additional collection charges under the Act on the Punishment of Acts concerning sexual traffic, etc.
B. The sentence of the court below (the penalty of 1 year of imprisonment, 2 years of suspended execution, 120 hours community service, confiscation and 3,529,00 won and the penalty of 1 year of suspended execution, 2 years of suspended execution, 120 hours community service, 15.4 million won) is too unreasonable.
2. Determination
A. Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic provides that a person who commits an offense, such as brokerage, etc. of sexual traffic, shall confiscate money and valuables or other property acquired by such offense, and when it is impossible to confiscate such money and valuables, the value thereof shall be additionally collected.
The purpose of collection under the above provision is to deprive a woman of unlawful profits from the act in order to eradicate the act of arranging sexual traffic, etc. Thus, it is reasonable to deem that the scope of collection is limited to the criminal's actual profits. The scope of collection is limited to the actual acquisition portion, but the expenses, such as building rents, taxes, etc., incurred in the process of engaging in the act of arranging sexual traffic, etc., such as arranging sexual traffic, are merely a method of consuming the money and valuables acquired in return for the act of arranging sexual traffic, etc., and it is not deducted from the amount of collection (see Supreme Court Decisions 2008Do1392, Jun. 26, 2008; 2009Do223, May 14, 2009). According to the evidence duly adopted and duly investigated by the court below and the court below, the defendants' profits obtained from the crime of this case is calculated (Evidence evidence record).