The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant

B.

Summary of Grounds for Appeal

The collection on Defendant A by the public prosecutor (in fact-finding, misunderstanding of the legal principle and unreasonable sentencing) is specified to the minimum extent to confirm the criminal proceeds derived from arranging sexual traffic, and the lower court did not recognize it.

The punishment sentenced by the court below to the defendants (ten months of imprisonment each) is too unhued and unfair.

The above punishment sentenced by the court below to the Defendants is too unreasonable.

Judgment

In regard to the misconception of facts and misapprehension of the legal principles regarding collection by the prosecutor, it is not necessary to prove that the subject matter of confiscation or collection is not about the constituent facts of crime, and thus, it is not necessary to prove strictly, but also should be recognized by evidence. If it is impossible to specify criminal proceeds subject to confiscation or collection, it shall not be collected additionally.

(See Supreme Court Decision 2007Do2451 Decided June 14, 2007). The prosecutor presented as evidence the following, “In the case of ordinary commercial sex acts, it is practical to calculate profits that accrue from sales at daily businesses through all the circumstances revealed in the records of the case and thereby, to calculate them by multiplying the actual operating date. The period during which Defendant A operated a commercial sex acts establishment is about four months, and even if the amount of additional collection is about KRW 9,075,00,00, it cannot be deemed excessive as additional collection because the amount of additional collection is about average KRW 220,230,000 per month.”

In order to calculate the amount of additional collection through the D's multilateral statement, first of all, it is confirmed through the J that the statement method of the relevant Dagian, whether the statement mean the income through the sexual traffic business, and what is the number written in the specific column in the statement, in addition to what is the specific column, the number in the statement.