All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant A (a year and two months of imprisonment, additional collection of KRW 190,350,000) is too unreasonable.

B. Defendant B (1) 1) The monthly average profits from arranging sexual traffic (the amount obtained by deducting the money paid as a substitute to women engaged in sexual traffic from the money received in compensation for sexual traffic) 18,00,000 won, and only the Defendant’s profits, which correspond to a half of the “net profits” after deducting the wages, monthly taxes, electricity taxes, and other public charges (hereinafter “H operation expenses”) paid by Emba establishments in the course of operating H establishments, should be recognized as criminal profits acquired by the Defendant due to the instant crime. However, by misapprehending the legal principles on the calculation of additional charges, the lower court calculated the amount of additional charges based on the monthly average profits from arranging sexual traffic acquired by A without deducting the operation expenses from the monthly average profits from the brokerage of sexual traffic.

2) The sentence of the lower court against an unfair defendant in sentencing (an imprisonment of one year and two months, additional collection of 228 million won) is too unreasonable.

2. Determination

A. Article 25 of the Act on the Punishment, etc. of Acts, such as the Determination of the Claims on the Additional Imposition Charges by Defendant B, provides that a person who commits an offense, such as brokerage, etc. of sexual traffic, shall confiscate money and valuables or other property acquired by such offense, and if it is impossible to confiscate such money and valuables, the equivalent

The purpose of collection under the above provision is to deprive a woman of unlawful profits from the act in order to eradicate the act, such as arranging sexual traffic, etc. Therefore, it is reasonable to deem that the scope of collection is limited to the profits actually acquired by the offender, and where part of the amount received by the actor, such as arranging sexual traffic, has been paid to the woman of sexual traffic.