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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Most of the monthly revenues of the defendant who misleads the defendant as to the facts were generated as a marina business, and the actual profits accrued from the sexual traffic business are more than KRW 300,000 per month and KRW 400,000 per month. Nevertheless, the court below erred by misapprehending the facts about the additional collection charge on the premise that the monthly revenues accrued from the defendant's sexual traffic business are KRW 2.5 million.
B. The sentence sentenced by the court below to the defendant (the imprisonment of six months, the suspended sentence of two years, the additional collection of twenty five million won) is too unreasonable.
2. Determination
A. 1) The lower court determined that the Defendant’s assertion of mistake of fact as to the amount of KRW 25 million (=25 million per month x 10 months) calculated by deeming that the Defendant, during the period of the instant crime (10 months from February 2016 to September 27, 2017, engaged in the real commercial sex acts) had earned income of KRW 2.5 million per month as the amount of additional collection.
2) The purpose of the collection of taxes under Article 25 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic is to deprive the criminal of unlawful profits from the act in order to eradicate the act of arranging sexual traffic, etc. Therefore, it is reasonable to deem that the scope of the collection is limited to the profits actually acquired by the criminal. However, the tax, etc. paid by the criminal in the course of performing the act of arranging sexual traffic is only one method of consuming the money and valuables acquired in return for the mediation of sexual traffic, or it is only one method of justifying his act.
As such, in light of the legal principles as seen earlier, it shall not be deducted from the amount of additional collection (see Supreme Court Decisions 2007Do4048, Aug. 24, 2007; 2007Do8600, Dec. 14, 2007; 2007Do8600, etc.). (B) In other words, the following circumstances acknowledged by the evidence adopted by this court are operated by the investigative agency from January 2016 to September 27, 2017.