The defendant shall be innocent.

1. The gist of the facts charged is that the Defendant jointly owned the Yeongdeungpo-gu Seoul Metropolitan Government building C with the wife B.

On December 2012, the Defendant leased the first floor underground of the above building owned by the Defendant to E to operate marina business with the trade name “D”. However, the Defendant was aware that sexual traffic took place on September 19, 2016 upon receipt of notice from the Seoul Local Police Agency’s notification that the first floor underground of the above building was operated as a sexual traffic business establishment, and that the said building was provided as a sexual traffic business establishment on September 29, 2016.

Nevertheless, the Defendant concluded a lease contract again with E on July 15, 2017, and provided the first floor above the above building to E from July 15, 2017 to July 22:40, 2017.

Accordingly, the defendant committed acts such as arranging sexual traffic.

2. In a judgment in a criminal trial, the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof is not sufficiently enough to achieve such conviction, even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, the determination should be made in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201).

According to evidence duly adopted and investigated by this court, the defendant entered into a lease agreement with E on June 19, 2016 on the first floor under the ground of the building as stated in the facts charged, with the term of lease on June 19, 2016 under the name of his/her wife. However, instead of E, F operated a sexual traffic business establishment at the same place and controlled the police. The police notified the defendant on September 29, 2016 that the first floor below the above building was provided as a sexual traffic business establishment, and the defendant again entered into a lease agreement with E on July 15, 2017 on the first floor below the above building, and E operated a sexual traffic business establishment at that place.