The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

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

On August 21, 2015, the Defendant, despite being aware that the said business place was provided as a sexual traffic place, continued to lease the said business place with the knowledge that D would engage in sexual traffic in the said “C” without cancelling the contract or taking measures such as the internal structural change of the said “C” or the conversion of the type of business, despite the expiration of the lease agreement with the said D.

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 employs a woman to engage in commercial sex acts and provide the customers who find out the place to engage in commercial sex acts with a knowledge of the fact that it is provided for commercial sex acts.

2. The summary of the grounds for appeal (the factual error) was in the situation where the Defendant could be suspected of illegal business by being notified twice as to D’s sexual traffic, a lessee, through lawful control by the police, and continued to lease D without taking measures such as cancelling the lease contract from around that time to September 25, 2015, which was after the expiration of the lease contract. The Defendant, at least, had dolusent intent as to the crime stated in the facts charged, is recognized.

Therefore, the judgment of the court below which acquitted the defendant.

3. Determination

A. Article 2(1)2(c) of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that “an act of providing a building with knowledge of the fact that the building is provided for sexual traffic” constitutes “act of arranging sexual traffic, etc.”.