beta
(영문) 인천지방법원 2014.10.16 2014고단4592

부동산강제집행효용침해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is the Chairperson of the Committee Committee of “D Loans” located on the site of the Bupyeong-gu Incheon Metropolitan City N.

The Defendant, while residing in India No. 9, 302, had the State of N-site, had the State remove the foregoing “D Borrowing”. The Defendant had the State of N-site bid.

On September 29, 2010, the Incheon District Court rendered a judgment to the effect that the removal of the building, delivery of the site, and the possessor of the building on the 195 square meters of the N site in Bupyeong-gu, Incheon District Court (No. 2009Da34398) was ordered to remove the building, and that E applied for compulsory execution against the above 9 Dong 302 on August 9, 2012 by the above judgment and applied for compulsory execution against the above 9 Dong 302 on August 9, 2012. On August 9, 2012, G, an enforcement officer of the Incheon District Court, the creditor of the Incheon District Court, released the possession of Q and R by delegation, and delivered the said building to S.’s agent.

Nevertheless, around November 28, 2012, the Defendant entered into a lease agreement with the O on the said 3rd floor C commission office of the above 3rd floor C commission, with theO on the said 9th unit 302 unit, and had theO reside for at least one year in the 9th 302 unit 302 unit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police officer regarding theO;

1. The police statement of H;

1. Application of Acts and subordinate statutes to filing a complaint, letter of lease, name, judgment, execution protocol of provisional disposition, full certificate of matters to be registered, investigation report, and application of Acts and subordinate statutes;

1. Relevant Articles 140-2 (Selection of Imprisonment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Determination of sentence: Imprisonment with prison labor for a considerable period of eight months, the suspension of execution for two years (limited to reasonable circumstances) reflects, and some circumstances to take into account the circumstances leading to the instant crime (negative). The victim has been awarded a successful bid for the instant site due to the failure to leave the Defendant, etc.