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(영문) 대전지방법원 천안지원 2017.09.08 2017고정2

재물손괴

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

[Basic Facts] On April 20, 2012, Defendant A entered into a sales contract to purchase trees owned by the victim G, which are planted on the ground, such as the Nam-gu, Nam-gu, Nam-gu, Seoul, Seoul, with KRW 500 million, but there has been disputes with the victim as to the ownership of trees, such as the failure to pay the purchase amount in full, and the failure to receive the delivery of trees from the victims.

Defendant

A In 2013, part of the above trees for which the victim entered into a sales contract with the Defendant A were transferred to KRW 100 million to the Korea Land Housing Corporation, and the trees are owned by the Defendant and filed a lawsuit for damages against the victim. However, the judgment of the court below was rendered against the Defendant A on the ground that the victim did not have any right to trees, and the judgment became final and conclusive.

Defendant

A, due to the above rulings, judged that, if taken out by himself/herself, he/she would be punished for larceny, etc., due to the said rulings, and that he/she was well aware of the dispute concerning the trees above the ordinary level of trees through a contract with the victim on April 20, 2012, prepared with the victim.

Defendant B, who was introduced from H, had 200 pine trees out of the above trees (an amount equivalent to KRW 12 million per share), and had the mind to remove and dispose of them.

Defendant

A on November 20, 2014, at the office of the above H located in G, G, which is located in G, G, and G, purchased pine trees from G, and it is not possible to exercise ownership because G, as it does not transfer pine trees.

Defendant B requested Defendant A, and Defendant A issued a certificate of transfer of bonds indicating “assigning all the rights of claims management and disposal to trees” by Defendant A.

[2] On February 2015, Defendant A consented to Defendant B’s contact with Defendant B to excavate trees through H at the office of H Ha on February 2, 2015.

Defendant

B, on March 2015, the first police officer called “A” and called “B trees.”