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The defendants' appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts, misunderstanding of legal principles, and incomplete hearing decision of the court below are erroneous in the misapprehension of legal principles and incomplete hearing as follows.
1) Although the investigation agency's entry into the instant case was caused by an illegal naval investigation that caused the Defendants' criminal intent, the lower court did not recognize it. 2) The act of confirming sexual traffic will or providing a simple explanation thereon cannot be deemed as "sexual traffic mediation", and the lower court determined otherwise even if the investigation agency's entry into the instant case did not actually constitute "sexual traffic mediation" but did not constitute "sexual trade mediation."
3) With respect to the calculation of the amount of the penalty, the amount of the penalty imposed on liquor and female employees, other than the amount of the arrangement of commercial sex acts, shall be excluded from the amount of the penalty. (2) The amount of the penalty of unfair sentencing (Defendant A: imprisonment of August, suspension of execution of two years, confiscation, additional collection of 118,581,60 won, Defendant B: imprisonment of eight months, suspension of execution of two years, confiscation, additional collection of 79,054,40 won, which is too unreasonable.
2. Determination
A. According to the fact-finding, misunderstanding of legal principles, and the evidence duly admitted and examined by the court below, the following facts can be acknowledged. (A) The Defendants were to work as a water from the entertainment taverns of the trade name “D” on the Suwon-si C and the second floor of Suwon-si, and received a proposal for acceptance from the president of the said main shop on April 15, 2018, and invested KRW 220,000,000 on the condition of acquiring a security deposit, premium, and facility.
The name of the lease contract and the business operator shall be Defendant A, but the profits shall bring about 60% by Defendant A, and Defendant B shall bring about 40% by Defendant B, and the management of the business and the overall entertainment drinking club management such as Defendant B, cash, and card price management was in charge of Defendant A.
B. “D” means six studios from April 15, 2018 to April 11, 2019.