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The judgment below
Of the above, the part of collection against Defendant B shall be reversed.
Defendant
B 375,750,000 won shall be collected.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s sentence is too heavy.
In particular, the surcharge of accomplice should be excluded from the amount of collection.
B. Defendant D’s sentence is too heavy.
2. Determination
A. As to the calculation of the amount of additional collection against Defendant B, where several persons jointly engage in an act, such as arranging and arranging sexual traffic, and where it is impossible to confiscate money and valuables and other property acquired from the relevant crime, the value of the actual profits gained by each accomplice shall be collected individually, and where the amount of individual benefits cannot be known, the total amount of benefits shall be collected equally, and where all accomplices jointly do not collect the amount of benefits (see, e.g., Supreme Court Decision 2009Do223, May 14, 2009). (2) The lower court calculated the amount of profits gained from arranging sexual traffic in the 11 room, such as Mtel 521, as the statement of Defendant B and accomplices, as the average number of customers per customer 1 from June 20, 2015 to January 31, 2016 x 1000 won x 1000 days x 100 days x 100 days x 20 days x 20 days x 10
3) However, in light of the following facts and circumstances known by the statement of 2016 High Order 2242 against accomplices AG, the amount to be collected from Defendant B in relation to the brokerage of sexual traffic in this part should be excluded from the amount to be collected in addition to KRW 1,750,000.
① From December 1, 2015 to January 19, 2016, AG was sentenced to a surcharge of KRW 7 million, etc. on August 1, 201 and the suspension of execution of 2 years, due to the fact that 4 units, such as the above officetel 521, are engaged in sexual traffic and arranged sexual traffic.
② The amount of the above additional collection was calculated as “35 days of business 】 the average number of customers per day 】 four x 50,000 won per customer.”
If this is calculated as a profit made by an officetel, it would be 1,750,000 won per head office (=7,000,000 won) ±4 rooms).
(3) The above-mentioned officetels among the criminal facts against Defendant B.