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.

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant entered into a sex relationship with C and D, D did not know that D was a child or juvenile under the age of 19, and there was no fact that D delivered KRW 200,000 in cash in return for sex intercourse.

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous by mistake or misapprehension of legal principles.

B. The sentence imposed by the lower court (7 million won of a fine and 40 hours of completion of a sexual assault treatment program) is too unreasonable.

2. On February 18, 201, the Defendant: (a) in collusion with B on February 14, 2011, provided cash of KRW 200,00,00,00, to C and children and juveniles who are children and juveniles D (in female, 13 years of age) with accommodation and provided them with sexual intercourse with their women.

3. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts or circumstances are acknowledged according to the determination on the assertion that D was unaware of being a child or juvenile.

In other words, D was a young student of the age of 13 as a first-year middle school at the time of the instant case, and was diagnosed by the hospital around November 9, 2010 as having a mental retardation disorder at the hospital.

② In the police investigation, D stated that “I am 19 years of age, C am 20 years of age,” and the Defendant also stated in the police investigation that “I am 3,00 years of age, C 20 years of age, and D 19 years of age,” (Evidence No. 394 of the record). D’s age, which was known to the Defendant at the time of the instant case, was the age of 19 years of age, was the same.

In full view of the above circumstances, it is sufficient to view that the Defendant knew that D was a minor or was aware that D was a minor at the time of the instant case.

B. The judgment of the court below on the assertion that no compensation was paid is legitimate.