Interior of an officetel in Incheon used as a location for prostitution. The photo is unrelated to the article's content. Courtesy of Incheon Police Agency

A police officer who was previously convicted in a lower court for engaging in prostitution during his college years has been acquitted in an appeal trial. Despite evidence of a monetary deposit and record in the venue's ledger, the court ruled there was insufficient proof of any sexual activity.

The Seoul Eastern District Court's appeal division 1-2, with presiding judge Kim Chang-hyun, overturned the initial ruling and acquitted the 28-year-old who had initially been fined 1.5 million won ($11,000) for violating the Prostitution Punishment Act, according to legal sources, Sunday.

The 28-year-old was accused of paying 180,000 won ($135) for services at a venue in Yongin's Suji District in January 2021 as a university student. He claimed that he visited the establishment assuming it was a simple massage parlor but left due to an unpleasant smell in the room, denying all allegations.

In the first trial, the court concluded that the 28-year-old had engaged in prostitution, considering evidence such as text exchanges with the venue's manager, the payment amount and the record in the venue's ledger, which included a specific note labeling him as a "good guy." The establishment kept track of troublesome customers with labels like “bad guy.”

However, the appellate court found that "it cannot be sufficiently proven that sexual acts took place between the defendant and the woman."

According to the Prostitution Punishment Act, acts of prostitution include both sexual intercourse and similar sexual acts. The appeals court ruled that, since the manager who recorded the ledger was not present during the alleged encounter, the “good guy” note and monetary transaction alone could not confirm any sexual activity.

The court acknowledged that leaving without requesting a refund after paying 180,000 won was unusual. However, they allowed for the possibility that the 28-year-old, whose identity was known at the venue, might have refrained from seeking a refund to avoid further exposure, despite not engaging in any sexual acts.

This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by a generative AI system and edited by The Korea Times.