The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Considering the initial funds such as advertising expenses and the benefits paid to employees in operating the instant establishment related to the surcharge, 4 million won was not earned, and thus, 4 million won of the surcharge recognized by the lower court is excessive.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended execution in October, one year of probation, two million hours of community service order, and four million won of additional collection) is too unreasonable.

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 offender of unlawful profits from the act of arranging commercial sex acts in order to eradicate the act of arranging commercial sex acts, 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 incurred by the offender in the course of performing the act of arranging commercial sex acts are only one way to consume the money acquired in return for the act of arranging commercial sex acts or to justify his act

(See Supreme Court Decision 2010Do3321 Decided February 9, 2012, etc.). According to the reasoning of the lower judgment and the evidence adopted by the lower court, the Defendant stated in an investigative agency that “If a customer receives 30,000 won from a customer for 30,000 won, 10,000 won for 50,000 won, 70,000 won, and 130,000 won from among them, the Defendant would pay to the sexual traffic women, and the remainder of 20,000 won, or 30,000 won from February 13, 2015 to March 5, 2015, the Defendant earned a profit of KRW 4,00,000,000 from his/her business, which is a sexual traffic woman, G, I, etc., where the customer has engaged in sexual traffic and sexual traffic at an investigative agency, the Defendant would bring about KRW 20,00 through 30.

“Written Statement”.

In light of the above allocation standards for the price of sexual traffic between the defendant and the women in sexual traffic, the business period of the instant sexual traffic business establishment, the defendant's prosecutor's statement, etc.