The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) The benefits acquired by the Defendant through mistake of facts and misapprehension of legal principles does not reach KRW 544,295,00, and even if the benefits acquired by the Defendant through the instant crime were to reach the above amount, since all of the above benefits are co-offenders who committed the instant crime, it is unlawful to additionally collect the above benefits from the Defendant. 2) The punishment of the lower judgment on unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination

A. Examining the lower judgment based on the evidence duly admitted and examined as to the assertion of mistake of facts, the lower court’s determination that recognized that the Defendant conspired with C to commit the instant crime from March 3, 2014 to August 22, 2014, and acquired a total of 544,295,000 won from male purchase during that period, is sufficiently acceptable, and the Defendant’s assertion contrary to this is without merit.

B. As to the assertion of misapprehension of legal principles, the collection of penalty under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is intended to deprive the criminal of unlawful profits from the act of arranging commercial sex acts in order to eradicate such act. Therefore, it is reasonable to view that the scope of the penalty is limited to the profits actually acquired by the

(See Supreme Court Decision 2009Do2223 Decided May 14, 2009). In light of the above legal principles, according to the evidence duly adopted and examined by the court below, the following circumstances are recognized.

① Since before the Defendant left the Republic of Korea and joined the commission of the crime, C, a principal offender and accomplice, operated the site of the instant sexual traffic, including photographs of the sexual traffic women, determined and instructed the specific details of business (Evidence No. 144) of the employees, and recorded the sales records (Evidence No. 166 pages).