1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are merely lending the name of the operator N of a sexual traffic business establishment "C" to the operator N, and there is no actual operation of the business establishment.

Nevertheless, the judgment of the court below that collected the full amount of the commercial sex acts proceeds of the above "C" during the period of the facts charged in this case is erroneous and erroneous.

B. The sentence imposed by the court below on the defendant (one month of imprisonment, two years of suspended sentence, two years of additional collection, 204,400,000) is too unreasonable.

2. Determination

A. 1) In the event of a mistake of facts and misapprehension of legal principles, where several persons jointly engaged in an act of arranging sexual traffic, etc., the value of the benefits actually earned by each accomplice shall be collected individually, and if individual gains cannot be known, the entire amount of profit shall be equally divided and collected additionally (see, e.g., Supreme Court Decision 2014Do7194, Aug. 20, 2014). In the instant case, in full view of the following circumstances recognized by the first instance court and the evidence duly adopted and investigated by the lower court, the Defendant lent the name of a massage to N who is the actual operator of the “C”, and the Defendant jointly committed the instant crime with the said N by jointly paying a certain amount each month from the said N.

① Although the parties to a lease agreement on the “C” business establishment and the nominal owner of business registration are the Defendant, the actual operating funds, such as the acquisition fund and monthly income, were raised by N.

(2) The Defendant did not work at a “C” business establishment, except in special circumstances, and received KRW 1,700,000 each month from N in return for lending his/her title.

③ The N was investigated by an investigative agency on the suspicion of actual operation of “C” during the trial of the trial of the trial at the trial at the trial at the trial, and it seems that all of its crimes were recognized.

In the end, it is eventually.