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(영문) 서울중앙지방법원 2013.08.29 2012고정3126

건조물침입등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C is in office as the representative director of the Jung-gu Seoul Jung-gu, Seoul, and the defendant is in office as the representative director of F, a security enterprise.

C around July 23, 2007, under the name of the Dispute Resolution Co., Ltd., which is operated by the victim G, entered into a contract for the construction of the I Commercial Building in Yongsan-gu, Yongsan-gu, Seoul, with the construction cost of KRW 7.81 billion. He completed the said I Commercial Building on or around June 3, 2009, but he was not paid the remainder after receiving only KRW 2.698 billion out of the construction cost.

On the other hand, in relation to the construction of the above commercial building, seven companies, including the KJ, were subcontracted by the above H, but the construction cost was not timely received.

In this regard, seven companies, such as the LAB and the LAB, have been entitled to secured debt from June 3, 2009 to exercise the right of retention, with the exception of subparagraph 101 of the above commercial building, with the remainder of the room and entrance and exit doors set aside from June 13, 2009, and controlled the entry of outside persons.

Accordingly, C, the representative of the security company and K, which is the management director of the KOB, ordered KOB to remove the correction devices of the above commercial building and enter the above commercial building into H and seven companies to lose the possession, and the defendant and K decided to share the execution activities in accordance with the above direction.

Thus, around 05:00 on July 20, 200, the defendant revoked the first floor entrance correction device of the above commercial building, and entered into the above commercial building building with five employees belonging to K and the above guard company, four employees belonging to L and the key repair business operator, and decided to remove the first floor entrance correction device of the above commercial building, and move the house entrance of the H and 7 business-related parties to the outside, and let the M take out the expenses.

Accordingly, the Defendant, in collusion with the above C, K, etc., intrudes into the above I commercial building, and let the victims and subcontractors leave the above commercial building, thereby occupying seven subcontractors, including H and J, in the operation of the victim.