A. As to the crime of arranging sexual traffic related to misunderstanding of facts, Y, a customer of the instant sexual traffic establishment, did not have a sexual relationship with female employees at an investigative agency.

As the court below found the defendant guilty of this part of the facts charged, the court below erred by misunderstanding the facts.

B. The sentence of the lower court (one year and six months of imprisonment, confiscation, additional collection KRW 39,323,300) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts, “commercial sex acts” under Article 19(2) subparag. 1 of the Act on the Punishment of Acts, Etc. means that the parties who intend to engage in commercial sex acts make good offices or convenience thereof. Thus, in order to become a commercial sex acts, the parties who intend to engage in commercial sex acts under such good offices are not necessarily required to engage in commercial sex acts or face-to-face with each other, and it is sufficient that the parties have been engaged in commercial sex acts to the extent that they do not have any involvement of the parties who intend to engage in commercial sex acts, even if they do not have any involvement by the parties, even if they do so (see Supreme Court Decision 2010Do9172, May 26, 201). According to the evidence duly adopted at the lower court and the first instance court, Y has contact with the Defendant’s telephone number on the advertisement at the Internet commercial sex acts site, which is a commercial sex acts site, to find the fact that the Defendant did not have any contact with the said female commercial sex acts establishment with the Defendant 280.