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(영문) 수원지방법원 안산지원 2014.12.11 2014고정1613

부동산강제집행효용침해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person claiming a lien on the grounds of the non-payment of construction expenses, etc. for Suwon-si C building. The victim I was sold in lots 504, but the J which concluded a lease contract with the Defendant with the above 504 on January 31, 2013, and filed a lawsuit against the said J on January 21, 2013, and was sentenced to a favorable judgment in favor of the said J on November 21, 2014 and received possession of the above 504 on February 5, 2014 based on the above judgment.

Between February 11, 2014 and around 13:00 on February 6, 2014, the Defendant intruded into the door through the door, asserting that he/she had a lien on the C building 504, and the same month.

7. Around 12:00, the entrance locker installed in the 504 entrance was arbitrarily replaced by the victim who intruded the said 504 method.

Accordingly, the defendant invadeds on the real estate delivered by compulsory execution and replaced the entrance locker with the victim's effectiveness of compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement to I;

1. Written judgment (2013dan34682), execution clause, and protocol of execution of delivery of real estate;

1. Application of the Acts and subordinate statutes to the current sloping photographs exchanged by the suspect;

1. Relevant Article of the Criminal Act and Article 140-2 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;