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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal - mistake of facts and unreasonable sentencing
A. The facts charged are written as if the Defendant had engaged in the arrangement of commercial sex acts from the beginning by leasing five units of I building from the beginning. However, the fact that the Defendant started the business to two units of I building but increased to five units of rooms, and all five units of rooms used the five units of rooms to run the business. In addition, since there are a large amount of rent, advertising expenses, monthly salary, etc., so the Defendant’s actual profits do not exceed KRW 500,000 per month. 2) Nevertheless, the lower court calculated the amount excessively collected by deeming the Defendant to have used five units of rooms from the beginning and without considering the expenses incurred by the Defendant ( KRW 68,47,502).
B. The lower court’s sentence (one year of imprisonment and a fine of ten million won) against the Defendant is excessively heavy, and the Defendant’s personal data, such as photographs, is sentenced to forfeiture of the cellular phone in which the personal data of the Defendant are stored.
2. Determination
A. In light of the evidence duly adopted and examined by the court below as to the assertion of mistake of fact in light of the legal principles as to the collection of additional charges, the court below's determination of additional charges is just and acceptable, and there is no error of law that excessive amount of additional charges is calculated by
The purpose of the collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive the criminal of unlawful profits in order to eradicate the acts of arranging commercial sex acts, etc. Therefore, it is reasonable to deem that the scope of the collection is limited to the profits actually acquired by the criminal. However, it is only a method to consume the money and valuables acquired in return for the act of arranging commercial sex acts or to justify his/her act.