1. The part of the lower judgment regarding the Defendant’s additional collection shall be reversed.

2. 21,846,495 won from the Defendant.

1. Summary of grounds for appeal;

(a) In calculating a surcharge against the defendant, the amount paid out of the total proceeds must be deducted from the amount of the employee’s share.

However, the lower court calculated the amount of KRW 27,295,00 (27,295,000 (27,295,000 (23,000,000,000) calculated according to the Defendant’s calculation formula claimed by the Defendant) x 265 times, and 265 times, and 27,945,495, and 27,95,000,00,000, which was paid to the Defendant’s account during the period of the crime, for the reasons for appeal by October 24, 2018) without deducting the amount paid to the Defendant’s account with the sexual traffic women. The lower court calculated the amount of KRW 27,9,141,495,00,00,000, which was paid to the Defendant’s account during the period of the crime.

Therefore, the lower court erred by misapprehending the legal doctrine regarding the calculation of the surcharge, thereby adversely affecting the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended sentence, 49,141, 495) is too unreasonable.

2. Determination

A. In light of the relevant legal principles and the purpose of the collection under Article 25 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc. is to deprive the offender of unlawful profits in order to eradicate the act of arranging commercial sex acts, etc. The scope of the collection is reasonable to deem that it is limited to the profits actually acquired by the offender. In a case where the offender, such as arranging commercial sex acts, has paid part of the amount received from the customer, the scope of the collection is limited to the actual acquired portion (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). 2) The lower court determined the total amount of the payment for the card transferred from May 1, 2017 to November 30, 2017 to the Defendant’s agricultural bank account (Account number: 150,000 won or more).

B) However, according to the records of this case, the Defendant, operating the instant sexual traffic business, in cash, as the price for sexual traffic.