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(영문) 인천지방법원 2016.03.31 2016고단443

특수재물손괴등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, for six months, for each of six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[Presumption Facts] Defendant A operates “I”, a company specializing in real estate auction consulting and lien consultation. Defendant B, while serving as “J medical care center”, is in charge of managing the funds invested by K in connection with the auction of real estate to Defendant A. Defendant C is a company prone to Defendant B’s society. L Co., Ltd (hereinafter “L”) around August 2012, “N”, a main building of the 11th floor and the 11th floor of the ground, was sold by public auction but did not receive the construction cost, and the P Co., Ltd. (hereinafter “P”) and P Co., Ltd. (hereinafter “P”) jointly occupied the above N, and thus exercising the right of retention, and thus, Defendant C transferred the unpaid construction cost to the P Co., Ltd. as the owner and P Co., Ltd. 436,500,000 won upon request of the P Co., Ltd. (hereinafter “O”).

Defendant A received a claim for the construction cost equivalent to KRW 4.34 billion from Q, the actual representative of PO, around December 2012.

On December 3, 2014, as Defendant A was deprived of the possession that Defendant A properly exercised, Defendant A applied for the disposition of the place of interference with possession to the Incheon District Court on December 3, 2014, and received a written decision on the disposition of the place of interference with possession on July 21, 2015

Defendant

At around 14:00 on August 5, 2015, A and B attempted to enforce the above ruling in the manner of public notice and to occupy the above N. However, due to P employees, such as R, etc. claiming a lien and occupying the above N, it is a collective violence in cases where enforcement officers are forced to enforce the lien when they claim a lien in advance from the P and occupy it.