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(영문) 서울중앙지방법원 2018.05.03 2018고정705

부동산강제집행효용침해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant, who was his own possession, voluntarily sold land and buildings on Jongno-gu Seoul, Jongno-gu and its ground, acquired ownership, and thereafter, on January 16, 2017, the enforcement officer affiliated with the same court, based on the order to deliver real estate at the Seoul Central District Court on January 16, 2017, and the execution clause for compulsory execution as of January 23, 2017, cancelled the possession of the Defendant on February 8, 2017, and released the Defendant from the above building upon the delegation by the above C.

Nevertheless, at around 13:00 on September 6, 2017, the Defendant: (a) opened a correction device of the entrance of the said building and intruded into the said building with the 119 fire fighter who was aware of the fact that the said building was handed over to C by compulsory execution; (b) thereby impairing the utility of compulsory execution.

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. Documents concerning the submission and auction of the person under consideration;

1. Application of Acts and subordinate statutes to investigation reports (abstinence to a suspect, such as a written order to deliver real estate);

1. Relevant Article of the Criminal Act and Article 140-2 of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant is the superior or lien holder of land in Jongno-gu Seoul Metropolitan Government B large 70.75 square meters (hereinafter “instant land”), and the Defendant’s act does not constitute a crime of infringing the utility of compulsory execution of real estate, and the Defendant did not have any intention.

2. Article 140-2 of the Criminal Act provides that "any person who intrudes on any real estate already signed or delivered by any compulsory execution, or impairs the utility of compulsory execution by any other means, shall be punished by imprisonment for not more than five years or by a fine not exceeding seven million won" under the title "infringe the utility of the compulsory execution of real estate", and the legislative purport of the above provision is with respect to real estate.