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The judgment below
The parts against the Defendants are all reversed, and this part of the case is remanded to the District Court.
Reasons
The grounds of appeal are examined.
1. The additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. intends to deprive the criminal of unlawful profits in order to eradicate the acts of arranging commercial sex acts, etc. Thus, it is reasonable to deem that the scope of the additional collection is limited to the profits actually acquired by the criminal. However, since the expenses, such as taxes, etc. incurred by the criminal in the course of performing the acts of arranging commercial sex acts are only one way to consume the money and valuables acquired in return for the act of arranging commercial sex acts or to justify
(See Supreme Court Decision 2009Do2223 Decided May 14, 2009). The court below reversed the judgment of the court of first instance to the Defendants on the ground that the Defendants’ statement that “The Defendants received 15 to 20 thousand won per customer per day during the business period from 15 to 100,000 won per 20 customers, and paid 50,000 won per day to 1.5 million to 1.5 million won per day,” is merely an abstract side, and in particular, the credit card approval details of the massage treatment place as evidence from October 1, 201 to April 5, 201, which was the control day from October 1 to April 2011, the customers engaged in the commercial sex acts, and thus, it cannot be readily concluded that the Defendants actually acquired the amount calculated by reflecting the credit card approval details.”
However, it is difficult to accept the judgment of the court below on operating income from October 1, 2010 to April 5, 201.
The judgment below
According to the reasons and the adopted evidence, when the defendants receive 100,000 won from the "customers" in the investigation agency, they paid 50,000 won among them to the sexual traffic women, and when the credit card approval details exceed 100,000 won, all the sexual traffic payments.