The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. As to the portion of erroneous determination of facts or misapprehension of legal principles, the court below deemed that the credit card settlement amount of at least KRW 100,00 is caused by sexual traffic from the sales of at least KRW 100,00,00,00 per customer (1.80,000 won per customer - 90,000 won for sexual traffic) and collected 4.51,262,00 won from the defendant, on the ground that the payment of at least 100,000 won was made by the defendant. However, the details of the settlement of at least KRW 100,00 can be calculated by a person who calculated the commercial sex activity cost or who calculated the pure massage cost of at least two persons. However, the court below erred in the misapprehension of legal principles as to the calculation of the amount of additional collection, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, additional collection of KRW 451,262,00) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The purpose of the additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is to deprive the criminal of unlawful profits in order to eradicate the acts of arranging sexual traffic, etc. Therefore, it is reasonable to view that the scope of the additional collection is limited to the profits actually acquired by the criminal. However, the expenses, such as taxes, etc. incurred by the criminal in the course of performing the acts of arranging sexual traffic, are only one method of consuming the money and goods acquired in return for the act of arranging sexual traffic, or are not only one method of justifying the act of arranging sexual traffic, and thus

(see, e.g., Supreme Court Decision 2007Do4048, Aug. 24, 2007). Whether there is a benefit from actual acquisition of the said confiscation or collection, and the recognition of the amount to be collected, is an element of crime.