서울중앙지방법원 2017.11.29 2016고정4251



Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.


Punishment of the crime

around 15:00 on January 20, 2016, the Defendant: (a) entered the first floor of the “F” commercial building in Jongno-gu Seoul Metropolitan Government D and E, which is managed by the victim C; (b) obstructed the management of the said building by force between 40:50 minutes to 50 minutes by avoiding disturbance, putting the disturbance out, putting him/her away from the guard staff of the said building, taking a heavy bath, bringing him/her out, and resisting him/her.

Summary of Evidence

1. The defendant's legal statement (the date of the nine public trial shall be the same);

1. A protocol concerning the examination of the accused by the prosecution (the part concerning the statement inC);

1. Copy of the suspect examination protocol concerning G;

1. Investigation report (Submission of evidence in which the suspect A, who is off his clothes in F, has taken a photograph);

1. Application of the CCTV video-related Acts and subordinate statutes to the screen and CCTV screen by capturing theCCTV;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The Defendant of this part of the facts charged is the multiple minutes of the “F” commercial building in Jongno-gu Seoul Metropolitan Government D and E (part of the shares in subparagraphs B201). The Defendant is the president of the “F shopping mall” set up by both parties of the said commercial building, and the victim C is delegated with the right to manage the building by the persons with ownership equivalent to approximately 70% of the said commercial building.

Although the Defendant attempted to acquire the above land together with other several parts, upon the request of the head of the relevant tax office, the Korea Asset Management Corporation conducted a public sale of the above land at the request of the head of the relevant tax office, the Defendant’s attempt to obtain the above land in KRW 5,900,100,00 in his wife’s name using criminal proceeds acquired by the victim through an illegal opening of gambling, etc. and completed the registration of transfer of ownership in H’s name around January 3, 208.

On the other hand, the Republic of Korea has been detained and sentenced to conviction due to the violation of the Act on Regulation and Punishment of Gambling and Concealment of Criminal Proceeds.