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(영문) 서울북부지방법원 2015.11.06 2015고단2388

부동산강제집행효용침해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 3, 2014, around 13:05, the enforcement officer C belonging to the Seoul Northern District Court for the effect of compulsory execution against real estate (hereinafter referred to as the “Seoul Northern District Court”) removed the G occupant from the Seoul Northern District Court 2012Gadan4485, which became final and conclusive in favor of the victim D Co., Ltd. (representative E) filed against the occupants residing in the FRadong-dong, Seoul Northern District Court, and the said judgment as the enforcement officer, such as the removal of buildings, etc., of the said court.

However, around December 19, 2014, the Defendant, as above, resided in the digital number key installed at the entrance of the above FF loan No. B (B) 02, which was enforced.

Accordingly, the defendant invadeds on the real estate which was named or delivered by compulsory execution.

2. On December 19, 2014, the Defendant: (a) around December 19, 2014, the representative director E of the victim D Co., Ltd. (B) was removed from the above G under paragraph (1) and destroyed the digital number key equivalent to KRW 200,000 at the market price established in the fladong B (B)02, Gangnam-gu, Seoul, as described in paragraph (1).

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the protocol of real estate departure execution;

1. Relevant Article 140-2 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;