The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The gist of the grounds for appeal is that the punishment imposed by the court below (two years and six months of imprisonment, additional collection 9,750,000 won) is too heavy, and the amount to be collected by the defendant out of the additional collection shall be deducted from the amount to be collected, the amount to be entered in the account books, and the amount of the next sales proceeds.

2. Determination

A. The purpose of the additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive the criminal of unlawful profits through the act of arranging commercial sex acts in order to eradicate such act. Thus, it is reasonable to view that the scope of the additional collection is limited to the profits actually acquired by the criminal. However, inasmuch as the expenses, such as taxes, etc. paid by the criminal in the course of performing the act of arranging commercial sex acts, are only one way to consume the money and valuables acquired in return for the act of arranging commercial sex acts or to justify his/her act, the additional collection should not be deducted from the amount of additional collection (see Supreme Court Decisions 2013Do1470, Jul. 25, 2013; 2013Do1859, Apr. 11, 2013). According to the evidence duly adopted and examined by the court below and the court below, the defendant should have been paid to the employees engaged in commercial sex acts, other than the said employee engaged in commercial sex acts.

In addition, the defendant sells teas, such as coffee, and let employees engage in business activities in a way that they make sexually to customers, and provide the customers with the price for the difference and the price for sexual intercourse.