beta
(영문) 서울남부지방법원 2017.11.24 2016고정216

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the owner of the building “C” located on the second floor of Gangseo-gu Seoul Metropolitan Government building B, was aware that D, the lessee of the said establishment around March 2, 2015 and around July 10, 2015, was provided as the said “C” upon receiving notification of the fact that D, a lessee of the said establishment, engaged in sexual traffic and was subject to police control twice.

The Defendant terminated a contract despite the expiration of the term of a lease agreement with the above D around August 21, 2015, or continuously leased the said business even though D knew that the said business was provided as a place for sexual traffic, without taking measures such as the internal structural change of the said “C” or the conversion of the type of business.

Accordingly, from July 10, 2015 to September 22:00, 2015, the Defendant provided the said D with a building by providing the said D with a place where the said D hires a woman to engage in sexual traffic in advance and conducts sexual traffic against the customers who found the said place to be engaged in sexual traffic, and provided the said building with the knowledge of the fact that it was provided for sexual traffic.

2. According to the evidence duly adopted and examined by the court, the following facts can be acknowledged.

A. From August 22, 2014 to August 21, 2015, the Defendant leased D the second floor of Gangseo-gu Seoul Metropolitan Government building B (hereinafter “instant building”) owned by D as the lease term, the lease deposit amount of KRW 25 million, and the rent of KRW 1650,000 per month (excluding value added tax).

B. On March 2, 2015, Seoul Gangnam Police Station sent to the Defendant a written notice stating that “the instant building was provided to a sexual traffic place on February 25, 2015” (hereinafter “the first written notice”) and around that time, the Defendant received the first written notice.

On March 10, 2015, the Defendant notified D of the relevant authorities such as the attached Form for the second floor of Gangseo-gu Seoul Metropolitan Government Building B, Gangseo-gu, Seoul, with a thickness.

The thickness is that legitimate business activities can be performed by a tenant with good faith.