A. misunderstanding the facts and misapprehension of the legal doctrine, the Defendant merely received monthly salary from G and I (hereinafter “each of the instant massage practice offices”) and served as an employee, and thus, it is unreasonable to additionally collect all profits from the Defendant’s crime.

B. The punishment sentenced by the lower court (one year and six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 120 hours, confiscation, additional collection 5,1340,00) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s determination as to the assertion of misunderstanding of facts and legal principles, namely, ① D consistently stated at an investigative agency to the effect that the Defendant was involved in the operation of each of the instant massage procedures; ② according to the content of Kakao Stockholm sent and received by the Defendant and D, the Defendant appears to have performed duties such as employment or import management (Evidence No. 141 through 143 of the evidence record), ③ the president of the Republic of Korea was the president of G.

E In full view of the fact that the Defendant and D stated that they were the actual operators who invested and jointly operated in G (Evidence No. 785 of the evidence record), it is reasonable to view that the Defendant would have arranged sexual traffic for business purposes while operating each of the instant massage offices jointly with D.

Therefore, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.

B. The circumstances that can be considered in favor of the defendant are that the defendant made a confession of sexual traffic brokerage and reflects the mistake, and that the defendant has no record of punishment for the same kind of crime, etc.

However, the instant crime was committed in collusion with D, etc. by the Defendant, for a period from April 25, 2013 to September 30, 2014, in which the Defendant used a massage place in the name of a franchisor, and actually arranged commercial sex acts by operating the franchisor in the name of the franchisor, thereby mediating commercial sex acts.