The judgment below

The penalty collection portion shall be reversed.

As a defendant, 31,705,000 won shall be additionally collected.

The additional collection charge shall be equivalent to the above additional collection charge.

1. The gist of the grounds for appeal 1) The lower court asserted the portion on additional collection: (a) calculated the number of days actually operated by the Defendant as 11 days (=(290 days of business operation - 30 days of non-business operation - 30 days of business operation) x 2/7 (2/3 times of business operation) per week) from August 19, 2016 to June 5, 2017 as stated in the lower judgment; (b) but (c) calculated the number of days actually operated by the Defendant as 11 days (2/7 (2/30 of business operation day per week) x 2/74 of business operation x 74 (b).

In addition, the lower court, while deducting the money paid to the female sex trafficking, deducts only the portion remitted to the account of the female sex trafficking, and the Defendant paid 4 to 60,000 won per time to the female sex trafficking, by means of cash or remittance, should also deduct the portion paid in cash.

2) The sentence sentenced by the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. 1) The following facts can be acknowledged according to the evidence duly adopted and examined by the lower court as to the allegation on the additional collection portion.

① By August 18, 2016, the Defendant, while operating each business establishment of sexual traffic as indicated in the lower judgment, obtained a total of KRW 160,820,00 (256,657 criminal investigation records, pages 657, and page 322 of the public trial records). (2) The Defendant, while operating D as indicated in the lower judgment from August 19, 2016 to June 5, 2017, calculated the amount of KRW 16,280 [110,00 per day x two average customers x 74 days of actual business (290 days - 290 days of business - 30 days of non-business) x 2/7 (30 days of business) x 301,000 local public prosecutor’s office or office 322 days of investigation (30,000,000 won of sexual traffic).