The Defendants, who are individuals engaging in a personal travel-related business. From 02:10 on September 20, 2016 to 03:19 on the same day, the Defendants rejected approximately 10 minutes per hour and 10 minutes per hour without justifiable grounds even though they received a request for eviction from E from the head of the apartment guard team of the instant apartment in the 337 underground parking lot of Songpa-gu (hereinafter “instant apartment”).

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police for E;

1. Application of statutes on decisions;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 319 (2) and (1) and 30 of the Criminal Act;

1. Defendants to be suspended from sentence: Fine of 300,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day); and

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2007Da1548, Apr. 2, 2007)

1. The summary of the assertion was that the Defendants entered the underground parking lot to carry out the three-dimensional service contracts that were concluded individually with the occupants, and therefore, E is justified in the demand for eviction to the Defendants.

On the other hand, even if there is no reason to believe that the Defendants’ act constitutes a case where their act is not a crime, and there was a justifiable reason to believe that there was a mistake.

2. Determination

A. 1) Whether the apartment parking lot of this case falls under the refusal to leave is the common area and the entire occupants jointly bear the management cost, while the occupants using the business trip detailed services are some households, and in relation to the use of the common area of apartment houses, all the occupants' interest and apartment houses.