건조물침입등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. misunderstanding of the facts or misapprehension of the legal doctrine) As to the intrusion of a structure, the Defendant had a dispute over the issue of the purchase price that was not paid with the victim, and the victim requested the Defendant to keep the victim out of the operation of the victim (hereinafter “the instant store”).
Accordingly, the defendant entered the place of this case, and there was an implied or presumed consent of the victim, so the crime of intrusion on a structure is not established.
2) On August 10, 2012, the Defendant concluded a sales contract with the victim for the instant store on August 10, 2012, and agreed to transfer all of the rights to the victim at the same time as the payment of the down payment and the remainder was completed. Since the victim did not pay the remainder of the sales, there was the Defendant’s ownership of the instant house, etc.
The ownership of the house in this case was transferred to the victim
Even if at the time of the instant case, the injured person expressed to the Defendant the intent to waive the ownership and goodwill of the house in the instant case.
The contract should be null and void unless the balance has been implemented until August 15, 2012. Accordingly, the ownership of the house in this case was transferred to the defendant again.
Therefore, property damage is not established.
3) As to interference with business, since the business of the instant store was completed at the time when the Defendant removed the office fixtures, etc., the crime of interference with business is not established.
B. The sentence of the lower court (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the lower court’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine (A) as to the infringement of a structure, and (1) as to ① the Defendant and the victim around June 30, 2012 and KRW 60 million.