The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. Summary of grounds for appeal;

A. The court below sentenced a collection of 32,220,00 won to the defendant in spite of the fact that there is no evidence to acknowledge criminal proceeds acquired by the defendant as a result of the crime of this case, and thus it cannot be specified as criminal proceeds. The court below erred by misapprehending the legal principles as to collection.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Regarding the assertion of misapprehension of the legal doctrine, the lower court deemed the Defendant’s profits earned by the instant crime as KRW 32.2 million (i.e., 92 days business days x 10-day male sex trafficking x 30-day x 50% of the daily sex trafficking women and profits distribution x 50%), and ordered the Defendant to collect the amount additionally.

It is not necessary to prove whether the subject of confiscation or collection is subject to confiscation or collection, or the recognition of additional collection is not related to the constituent elements of the crime, and it is also necessary to be recognized by evidence (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). The following circumstances acknowledged by the evidence duly examined by the court below are as follows: ① the defendant himself/herself average 10 persons per day on the average number of men; ② the 30 minutes per day on the price of commercial sex acts are KRW 70,000,000,000,000,000 won per day, and 50% on the profit distribution; ② D, which is a female commercial sex acts, is about average 10 to 12,000,000 won per day, which is about 10 to 300,000 won per day, which is about 100,000 won per day on the price of commercial sex acts x 30,0000,00 won per day.