The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the reasons for appeal (two years of suspended sentence for six months of imprisonment, and one million won of additional collection) is too unreasonable.

2. Determination

A. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning the calculation of the amount of additional collection provides that “the money and valuables or other property acquired by a person who commits a crime provided for in Articles 18 through 20 shall be confiscated, and where it is impossible to confiscate it, the value thereof shall be additionally collected,” thereby prescribing that money and valuables or other property acquired by committing a crime of arranging sexual traffic shall be confiscated and collected as necessary.”

On the other hand, 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 rents and taxes, etc. for the buildings of the business establishment, which the criminal incurred in the course of performing the acts of arranging commercial sex acts, are only one way to consume money acquired in return for the acts of arranging commercial sex acts

(See Supreme Court Decisions 2009Do2223 Decided May 14, 2009; 2008Do1392 Decided June 26, 2008, etc.). According to the aforementioned legal principles, the Defendant was punished by the investigative agency for totaling KRW 27 million by the instant crime, but the lower court stated to the effect that the Defendant was “the net profit was KRW 600-7 million after deducting the introduction expenses, rents, and management expenses.”

(Investigation Records 523 pages). [The amount of KRW 90,00 per time of sexual traffic - 70,000 won present to Co-Defendant D of the original judgment - 300 times x 300 times] is specified as investigation records, and it is just to order collection of the above amount.