The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Since the Defendant related to the additional collection charge jointly operated the instant establishment from February 13, 2013 to September 24, 2013 during the period from February 13, 2013, when he operated the “C” on the second floor of the building located in Gwangju City (hereinafter “instant establishment”), the additional collection charge recognized by the lower court is excessive on the premise that the Defendant independently operated the said establishment during the entire period.

B. The lower court’s sentence of unreasonable sentencing (the imprisonment for August, suspension of execution for two years, community service, 120 hours, 40 hours for the sexual traffic prevention, additional collection of 41.3 million won) is too unreasonable.

2. Determination on the calculation of an additional collection charge

A. The purpose of the collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is to deprive the criminal of unlawful profits through the act of arranging sexual traffic in order to eradicate the act of arranging sexual traffic. Thus, the scope of the collection is limited to the profits actually acquired by the criminal, and if there are several persons who jointly engage in the act of arranging sexual traffic and it is impossible to confiscate money, goods and other property acquired by the crime, the value of the profits actually acquired by the accomplice shall be collected individually, and if the individual amount of profit cannot be known, the total amount of profit shall be collected equally.

(See Supreme Court Decision 2009Do2223 Decided May 14, 2009, etc.). B.

According to the evidence and records duly adopted and examined by the court below and the court below, ① the defendant and theJ have 50% shares from February 13, 2013 to July 13, 2013 and divided profits from the operation of the business of this case as a partnership; ② the defendant voluntarily operated the business of this case after withdrawal from the partnership relationship around July 13, 2014; ③ the profits for about 7 months, which are the whole period of the crime of this case, KRW 41.3 million, and the profits for one month are about KRW 5.9 million.