A. In the process of misunderstanding of facts or misunderstanding of legal principles, the Defendant: (a) provided D with KRW 90,00 and actually engaged in sexual traffic; and (b) provided D with a return of KRW 90,00,000 to D, the lower court convicted the Defendant of the facts charged in this case on the ground of the testimony of D and F without credibility. In so doing, the lower court erred by misunderstanding of facts or misapprehending of

B. The lower court’s sentencing (two years of suspended sentence in August, and one hundred and sixty hours of probation, community service, and one hundred and sixty hours of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the court below based on the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, i.e., ① from the investigative agency to the court of the court below, that there was no fact from the defendant or sexual intercourse with the defendant. However, the defendant consistently stated that "B shall not give money to the defendant who was entering the room 3 times in marina business place," and the defendant stated that "B shall be reported without giving money to him." ② From the investigative agency to the court of the court of the court below, F, together with D, stated that "I will report without giving money to him" while the defendant stated that "I will make a statement to the prosecutor's office at the time of making a statement from 290,000 won to 19,000 won," and that "I shall make a statement from 29,000 won to 19,000 won to 29,000 won to 91,000 won to 14,00 evidence."