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(영문) 서울북부지방법원 2018.06.15 2017고단5574

특수절도등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a credit rating company.

On August 23, 2016, the Defendant entered into a new construction agreement with the victim E, the owner of the building, and the Dobong-gu Seoul Metropolitan Government F Borrowing in KRW 920 million, and completed the construction on May 2017, the Defendant’s completion of May 2017. On the 25th of the same month, the Defendant delayed the payment of the remainder of KRW 330 million, unlike the agreement, on the ground of the completion of the registration of the preservation of ownership and the completion of the sale, on the 25th of the same month.

1. The Defendant: (a) had the intent to urge the victim to pay any balance in a manner that is likely to exercise the right of retention by once again occupying the loan at the latest; (b) had the phone call called to G and H, a staff member of G and H on June 30, 2017; (c) brought about 301 Eski, a sales office of the loan; and (d) directed the Defendant to change the password of each household unit of the above loan.

Accordingly, G and H entered around 19:56 of the same day, the 301 Masky, the victim of which was placed in the Washington 302, which is located in Dobong-gu Seoul Metropolitan Government I, with 301 Esky.

Accordingly, the Defendant stolen two Mask Turkey in combination with G, H, and H.

2. Violation of the Punishment of Violences, etc. Act (joint property damage, etc.) and the Punishment of Violences, etc. Act (joint intrusion of residence);

A. In addition, G and H, upon receiving the Defendant’s instructions, divided the passwords that were known in advance into the front door of 1st floor of the same day at around 23:00, and changed arbitrarily the passwords of the front door automatic locking apparatus of 202, 301, 302, 401, 402, 402, 501, 502, 601, and 602 to prevent the victim from entering.

Accordingly, the defendant intrudes upon the above lending in collusion with G and H, and the victim's market price was not the market price, thereby impairing the utility of each household electronic locking device.

B. The defendant must pay attention to a dispute with the victim.

7. The provisional attachment of 17. Bara was made, and on the 31st of the same month, the injured party deposited the balance of the construction at sea and provisionally seized.