The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The lower court’s punishment (a fine of KRW 7 million and an additional collection of KRW 35,108,581) against the Defendant on the summary of the grounds of appeal is too unreasonable.

The defendant and his defense counsel explicitly withdrawn misunderstanding of facts and misapprehension of legal principles on the date of the first trial.

2. The Defendant’s crime committed in light of the substance of the instant crime, which appears to have obtained considerable benefits in return for aiding and abetting commercial sex acts of the said inseminator, by employing a disqualified massage without the status of sojourn eligible for job-seeking activities, and operating the marina business illegally, and at the same time, deeming to have obtained considerable benefits in return for aiding and abetting commercial sex acts of the said inseminator.

However, in light of the Defendant’s age, character and conduct, environment, and circumstances after committing a crime, etc., all of the crimes of this case, including some facts that were denied by the lower court, which were committed in the first instance trial with no criminal history, are seriously against the Defendant’s mistake. In addition, considering all of the sentencing conditions on the records of this case, such as the Defendant’s age, character and behavior, environment, and circumstances after committing a crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[C] The facts constituting an offense and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to each corresponding column of the judgment of the court below, except for the alteration of the "1. The defendant's partial statement" in the first instance judgment to "1. The defendant's oral statement" in the summary of the evidence, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87(1)2, Article 82(3), and Article 33(2)1 (a) of the Medical Service Act (hereafter “unqualified massage practice establishment”) on criminal facts, and Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.