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(영문) 광주지방법원 2015.04.22 2014고단2606

사기미수등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A A around January 2, 2012, between the victim D (representative E) and his wife F, entered into a contract for new construction of a main complex building with the size of 1st underground and 9th ground surface (hereinafter “H building”) on the Seo-gu, Seo-gu, Seo-gu, Gwangju, which is one of its wife F, for the construction cost of 2.079 billion won. Defendant B is a senior employee village of Defendant A and the chief of the management department of H building, who is engaged in the H building construction and the overall management department.

On January 20, 2013, E of the victim’s representative director completed the H building under the said contract, and obtained the approval for the use on February 19, 2013.

Nevertheless, as Defendant A did not pay part of the construction cost on February 19, 2013, E set up four main entrances on the 1st floor of H building as key, carried out corrective politics using 쇠s and locks, and put up one container installed in the front of the entrance of the outside underground parking lot of the H building, which was installed in the front of the outside underground parking lot of the 1st floor of the H building (hereinafter referred to as “ton tables”) for the purpose of office during the construction, and put up ten large stickers indicating “in the course of exercising the right of retention” on the entrance of the main entrance of the building, etc., and exercised the right of retention by possessing the building by attaching a franchise card on the container.

1. On February 26, 2013, Defendant A interfered with the exercise of the E’s right of retention on or around February 20, 2013, and instructed Defendant B to “To leave container boxes installed by E and protect property rights” in order to deliver the building by force. Defendant B, around February 26, 2013, pursuant to the above Defendant A’s instructions, mobilized the cres in which the victim’s employees did not work in accordance with the victim’s instructions, and interfered with the victim’s exercise of the right of retention by force by moving the container from H building to the road edge 10 meters away from the road to the road edge.

2. The Defendant A committed on February 27, 2013 electricity in the H building from Defendant B around February 27, 2013.