The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant against the judgment of the court of first instance.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to the judgment of the court below of second instance), the defendant knew that the economic situation of O, P, and Q, which he knew personally, is difficult, and arrange commercial sex acts to such women, but does not engage in commercial sex acts as a business.

Since the amount of sexual traffic has been paid to all women or has been consumed for them, there is no profit that the defendant actually acquired.

Based on the premise that the Defendant, as a business intermediary, sets up a total of KRW 3,690,000, the Defendant guilty of the facts charged in this case and sentenced to the collection of KRW 3,690,000, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on collection, thereby adversely affecting the conclusion of the judgment.

B. Each sentence (the first instance court: the fine of two million won, the second instance court’s imprisonment, and the second instance court’s collection) sentenced by the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. Determination of the assertion of mistake of facts or misapprehension of legal principles (as to the judgment of the court below of the second instance) 1 refers to the determination of the assertion of mistake of facts ( as to whether the brokerage of sexual traffic has been engaged in as a business), which means that the parties who intend to engage in sexual traffic agree with each other and mediates or facilitates the mediation. Thus, at least, even if the parties who intend to engage in sexual traffic do not have any involvement any more, there is an act of arranging to the extent that the parties are able to engage in sexual traffic (see Supreme Court Decision 2004Do8808, Feb. 17, 2005). In addition, it means a case where a certain act as a business or a business is conducted with an objectively and repeatedly or repeatedly with a considerable number of times for profit-making purposes.

The question is whether the act is repeated, whether the act is business or not, regardless of whether it is simply equipped with human or physical facilities necessary.