The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

Defendant .

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts or by misapprehending the legal principles, since the amount of additional collection imposed by the defendant includes the amount not earned by the business of arranging the sexual traffic of this case, and thus, the court below erred by misapprehending the legal principles.

B. The punishment of the lower court (Defendant A: imprisonment of one year and six months, additional collection of KRW 473,451,00, Defendant B: imprisonment of one year and one year, additional collection of KRW 30 million) is too unreasonable.

2. Determination

A. Whether a judgment of misunderstanding of facts or misapprehension of legal principles is subject to additional collection, or recognition of additional collection amount, etc., based on evidence, shall be acknowledged based on the facts constituting the crime, but it is not related to the elements of the crime, and thus requires strict proof (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). The prosecutor's assertion by the prosecutor is unacceptable in light of the following circumstances revealed by the court below, which can be seen by the evidence duly adopted and investigated by the court below, that the total amount of KRW 473,451,00, which the defendant transferred to the account of AW or Q, was the criminal proceeds from the business of arranging commercial sex acts. However, the prosecutor's assertion is not acceptable in light of the fact that the cash deposited to the account of AW or Q was entirely included in the profits from the operation of each of the instant commercial sex acts establishments, but rather, Defendant A's investment not only in the instant commercial sex acts but also in the home shopping.

B. In the instant case, there is no evidence to detect the remitted part of the proceeds derived from home shopping among how criminal proceeds in this case are, the total remittance amount, or under any other name, so it is inevitable to calculate the profits gained from the instant crime based on the Defendant’s statement.

Defendant

A stated at an investigative agency that sales other than the salaries of female employees engaged in sexual traffic are KRW 182 million, and KRW 200 million out of the deposited money is arranged for sexual traffic.