If the defendant does not pay the above fine, KRW 100,000.

The Defendant is the owner of the window B C heading shop in Changwon-si, and the victim D entered into a lease contract with the Defendant on March 9, 2015 to March 9, 2017 (24 months from March 9, 2015), deposit money KRW 10 million, and rent KRW 600,000 from March 9, 2015.

Around September 18, 2016, the Defendant: (a) left the shuttle of the said commercial building on the ground that the victim was in arrears with approximately one year and did not leave the door to close the commercial building; and (b) prevented the victim from entering the said commercial building without the Defendant’s permission thereafter.

As a result, the defendant took possession of the above commercial building owned by the defendant, which is the purpose of the victim's possession, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A lease contract, text message, or complaint;

1. Application of statutes on site photographs;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument and the victim’s commercial building lease agreement were in a situation where the victim failed to pay back the commercial building more than twice and the victim violated the promise to return the commercial building to the defendant several times, and the victim did not contact with the defendant.

The defendant, at the time, was damaged by a shock window of the commercial building of this case and neglected waste, so it is thought that there is a fire and theft risk, and thus, it was not intended to take possession of the commercial building.