The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

In light of the background leading up to the detection of the instant case, the prosecution of the instant case is unlawful as it was instituted by an illegal naval investigation. The prosecution of the instant case is unlawful.

Article 312(3) of the Criminal Procedure Act concerning admissibility of a suspect interrogation protocol prepared by an investigative agency other than a prosecutor should be applied, since the written statement prepared by the defendant at the stage of investigation by the prosecutor is the form of the written statement prepared by the defendant, but it should be the same as the written statement of the suspect interrogation by the document stating the statement of the defendant.

Therefore, as long as the defendant denies the above written statement, the evidence is not admissible.

The court below found the defendant guilty of this part of the judgment below without any evidence as to the act of arranging sexual traffic at a marina store operated by the defendant from July 24, 2016 to August 8, 2016, although there is evidence of confession and reinforcement. However, with respect to the act of arranging sexual traffic during the period from October 10, 2015 to July 23, 2016, the admissibility of the written statement prepared by the defendant at the prosecutor's investigation stage is recognized, even if there is no evidence of reinforcement in addition to confession, the court below found the defendant guilty of this part.

B. The punishment sentenced by the court below to the defendant (the punishment amounting to five million won, additional collection to KRW 93.6 million) is too unreasonable.

Judgment

(a) Judgment as to whether it is illegal as a vessel investigation;

The term "incrimination" means an investigation method in which an investigative agency, by means of tricks, schemes, etc., induces a person who does not have the original criminal intent to commit a crime, thereby arresting the criminal. Thus, if a person who has the criminal intent gives the opportunity to commit a crime or makes it easy to commit a crime, it may not be deemed a naval investigation (Supreme Court Decision 2004Do1066 Decided May 14, 2004).