Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The Defendant asserted a lien of KRW 661,33,333 of the construction cost claim against the hospital building located in Chungcheongnam-gun, Chungcheongbuk-gun (hereinafter “instant building”). The Defendant is a person who is occupying the instant building.

On August 2015, the Defendant manufactured steel structure (6m a. x 2.5m a.) at the time of the voting of the entrance entrance of the main entrance of the instant building, and melted and installed the steel structure (6m a. x 2.5m a.), thereby impairing the utility of the entrance entrance of the instant building.

Summary of Evidence

1. Statement to the effect that a steel structure has been installed in the building of this case, such as the statement in the ruling, in this court of the defendant;

1. Statement made to A by the police;

1. Submission of documentary evidence, documentary evidence, and additional documentary evidence;

1. Application of statutes on additional documentary evidence submitted D;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On March 8, 2011 and April 7, 2011, the Defendant and the defense counsel asserted that the instant building had been exercising a lien on the instant building as the Defendant concluded a interior construction contract on the instant building and completed the construction work, but failed to receive the payment of the construction price. The act indicated in the judgment constitutes a justifiable act as stipulated in Article 20 of the Criminal Act to prevent the Defendant from being deprived of possession by D, the owner of the instant building, as the lien holder.

2. Determination:

A. Relevant legal principles 1) Inasmuch as a lien is established when a claim arising with respect to the subject matter is due and due, it cannot be exercised on the basis of a claim that has not yet arrived at the due date (see, e.g., Supreme Court Decision 2005Da41740, Sept. 21, 2007). Moreover, the attachment becomes effective after the entry registration of the decision on commencing auction on the real estate owned by the debtor, as the registration of the decision on commencing auction