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The defendant's appeal is dismissed.
Reasons
1. The lower court sentenced the Defendant to a surcharge of KRW 160 million (the amount of rent revenue, KRW 2 million per month from January 1, 2013 to August 31, 2019). In so doing, the lower court erred by failing to take into account the following circumstances in calculating the surcharge:
The redevelopment project was conducted in the area where the building of this case was located, and the illegal sexual traffic continues to exist, it became known that there was a problem in receiving compensation for the redevelopment project.
On May 2017, the Defendant notified the lessee A (the original co-defendant) who engages in commercial sex acts in the instant building of the termination of the lease agreement and demanded the removal from the building. Since A does not operate commercial sex acts any longer, the Defendant maintained the lessee status so that A can receive business compensation due to redevelopment projects in the future.
Therefore, the defendant has maintained the lease contract under the condition that A does not operate commercial sex acts establishments.
Therefore, the monthly rent from around May 2017 was paid by A to receive redevelopment compensation, and it was irrelevant to the arrangement of commercial sex acts. The Defendant did not know that A engaged in commercial sex acts with the above conditions, and thus, it is improper to impose a collection of 56 million won for 28 months from May 2017 to August 31, 2019.
B. The Defendant’s husbandO entered into a lease agreement on the instant building with A around 201, and theO died on November 28, 201, and thereafter the Defendant managed the said lease agreement.
The Defendant had to maintain the above lease agreement until December 31, 2016 in accordance with the Commercial Building Lease Protection Act. Therefore, it is unreasonable to collect the rent from the Defendant during the above period.
Therefore, a collection is made for 96 million won, which was paid for 48 months from January 1, 2013 to December 31, 2016.