The judgment below

The penalty collection portion shall be reversed.

5,395,699 won shall be additionally collected from the defendant.

The judgment below

The penalty shall be collected.

1. The judgment of the court below against the defendant's summary of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the fine of ten million won, probation, community service order of 80 hours, confiscation, confiscation, collection of 11,075, 69 won) is too unreasonable.

2. Determination

A. In light of all the sentencing conditions indicated in the records and arguments of this case including the fact that the defendant's business place operated by the defendant's judgment on the defendant's assertion of unfair sentencing is substantial and its business period is not shorter, even if considering the family relationship, economic situation, etc. of the defendant, it is not recognized that the court below's sentence imposed on the defendant for reasons as stated in its holding is too

Therefore, the defendant's above assertion is not accepted.

B. The purpose of the additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic to determine the amount of the additional collection is to deprive the offender of unlawful profits from the act of arranging sexual traffic in order to eradicate the act of arranging sexual traffic, etc. Therefore, it is reasonable to view that the scope of the additional collection is limited to the profits actually acquired by the offender. However, since the expenses, such as taxes, etc. paid by the offender in the course of performing the act of arranging sexual traffic, are only one way to consume the money and valuables acquired in return for the act of arranging

On the other hand, the amount paid to a female sexual traffic (the "so-called commercialization") is only a profit from sexual traffic, not a profit from the act of arranging sexual traffic, and thus, it is in principle deducted from the additionally collected amount under Article 25 of the Act on the Punishment of Acts of Arranging Sexual

(See Supreme Court Decision 2009Do2223 Decided May 14, 2009; Supreme Court Decision 2013Do1470 Decided July 25, 2013; Supreme Court Decision 2014Do7194 Decided August 20, 2014, etc.). The lower court shall aggregate the amount deposited into the bank account in the name of two Defendant from February 25, 2019 to June 20, 2019.