부동산강제집행효용침해
The judgment of the court below is reversed.
Defendants not guilty
1. Summary of grounds for appeal;
A. There is no misconception of facts that the Defendants invaded on the real estate delivered by compulsory execution, such as the facts charged.
B. The sentence of an unreasonable sentencing (a fine of KRW 300,000) by the lower court is too heavy.
2. Determination
A. Before determining the grounds for appeal by the defendant, the prosecutor examined the case ex officio, and the prosecutor applied for the amendment of the indictment with the content of changing the facts charged against the defendant into paragraphs (1) and (2) of the following 1 through lawful procedures. Since the judgment was changed by this court's permission, the judgment of the court below was no longer maintained.
1) The Defendants had resided from April 7, 2012 to 202. The Grand Trust Co., Ltd., Ltd., on or around December 6, 201, sold the real estate transfer to 202 as the enforcement title after the adjudication of No. 202, Seoul Western District Court Decision 2008Gahap12712, Oct. 10, 2012. The Defendants continued to reside in 202 from October of the same year after re-entering as the enforcement title part of the said real estate transfer, which was obtained by subtracting from No. 202 at the time of the execution of delivery of the said real estate, and Defendant B continued to reside therein on or around November of the same year. Accordingly, the Defendants conspired with the Defendants, thereby impairing the effectiveness of compulsory execution from April 27, 2012 to April 202.
On December 6, 2011, the Grand Trust Co., Ltd., Ltd.: (a) decided 202 on October 10, 201, the Seoul Western District Court 2008Kahap12712 decided on October 10, 201, and (b) executed the delivery of the said real estate except for the room 2 partitions in 202.
On November 10 of the same year, the Defendants entered the same place by removing the glass windows located in the ward around 202 and making them out of the directors.
As a result, the Defendants acted in collusion with others to infringe on any real estate which is already named or delivered by compulsory execution, or by any other way.