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(영문) 인천지방법원 2013.08.23 2013고정1362

권리행사방해

Text

Defendant

A A shall be punished by a fine of 500,000 won, by a fine of 700,000 won, and by a fine of 300,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation E, Defendant C is the vice president of the above company, Defendant B is the standing director of the above company, and Victim F is the representative director of corporation G.

On January 11, 2012, the Defendants entered into a contract for new construction works with Company I as to the Seo-gu Incheon, Seo-gu, Incheon. Accordingly, Company I concluded a subcontract with Company G and four other partner companies, and the Defendants decided to raise the construction cost in Company I by themselves and complete the construction of the said H commercial building until July 20, 2012.

However, on July 23, 2012, E agreed to pay the direct construction cost by the date of completion due to the failure to procure the construction cost of G Co., Ltd., and around July 31, 2012, E agreed to pay the construction cost by July 31, 2012, including: (a) KRW 500 million upon completion; (b) KRW 500 million upon completion; and (c) the remaining progress payment shall be paid within 15 days after completion; (d) however, the victim F, the representative director of G, who was not paid KRW 294,30,00,00 of the construction cost already incurred on August 30, 2012, occupied two placards from the outer wall of H commercial building, stating the phrase “in the course of exercising the right of retention”, and occupied the said H commercial building by exercising the right of retention to preserve the said claim.

1. Defendant B, around 09:00 on August 30, 2012, up to 09:00, up to 5th floor of the Seo-gu Incheon, Seo-gu, Incheon, the Defendant removed 2 banners installed by the victim F through its windows, which connected the said commercial building by using a stacker knife and removed the string part and caused its utility.

Accordingly, the defendant damaged the property owned by the victim.

2. At around September 15, 2012, Defendants B and C jointly committed a crime: around September 15, 2012, the Defendants cut off the external entrance door of the said commercial building possessed by the victim F according to the teachers in front of the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, and removed the door door, and interfered with the victim’s exercise of rights against the occupied object.

3. Defendant A. A.