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The defendant shall be innocent.
Reasons
1. On August 12, 2016, the Defendant: (a) leased the 4th floor of the instant building to D on the condition of deposit deposit of KRW 50 million; (b) monthly rent of KRW 2.45 million; and (c) on August 16, 2016, the Defendant continued to lease the 4th floor of the instant building without notifying the police of the fact that the “F” operated by E in the said building was controlled by the police; and (d) on August 29, 2016, the Defendant was notified by the slope G of the Police Station of the Sungdong-dong Police Station of Modong-dong (Seongdong) of the fact that the said building was operated by E in the fourth floor of the said building without expressing his/her intent to terminate the lease agreement and demand the return of possession.
Accordingly, the defendant provided a building knowing that sexual traffic is provided.
2. Determination
A. In full view of all the circumstances revealed in the process of the instant records and pleadings, the following facts may be recognized (a means of heating the instant building in the order of time for understanding convenience): August 12, 2016: the Defendant leased the instant building to D (a special agreement that stipulates that the contract shall be terminated at the time of operating a business in violation of the Act as a special agreement). On August 16, 2016: The instant building operated an actual commercial sex trafficking business in the instant building.
E was controlled by the police.
On August 19, 2016: at the police station in the Sungdong-dong Police, the defendant sent a notice stating that the building of this case was provided as a place for sexual traffic and that the building is subject to criminal punishment if it continues to be provided with the building.
On August 29, 2016: The defendant received the above notice.
On August 30, 2016, the defendant sent the highest forum to request restoration of the original state and the order of the building name to D, who is a lessee under the lease agreement, for the reason that he/she was used as a sexual traffic business establishment different from the purpose of the lease.
September 5, 2016: E was controlled by the police again as a brokerage business for commercial sex acts.
September 13, 2016: Defendant.