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(영문) 전주지방법원 군산지원 2020.06.17 2019고정210
재물손괴등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the Dispute Resolution Co., Ltd., which is the general director of the Dispute Resolution Co., Ltd., and the defendant does not harm the identity of the facts charged to the Dispute Resolution Co., Ltd., which is the representative director and does not give substantial disadvantage to the defendant's exercise of his/her right to defense (see, e.g., Supreme Court Decisions 87Do2168, Dec. 22, 1987; 2001Do6876, Aug. 23, 2002).

In order to settle the price related to the "F Apartment Construction Project" that received an order from the victim, the victim entered the construction site managed by the victim and claimed a lien and occupied the construction site without permission.

1. On April 20, 2019, the Defendant: (a) at the entrance of the construction site of the apartment site located in Y in Yasan-si, G around 8:30 on April 20, 2019, the victim arbitrarily handles the unlocked at the market price set up to manage the site; (b) dislockeds managed by the victim by dismantling the unlocked, and installing other locks of the Defendant; and (c) continuously entered into the construction site of the apartment against the victim’s will.

Accordingly, the defendant damaged the victim's property and intruded on the structure occupied by the victim.

2. The Defendant interfered with the operation of the Defendant, at the time and place of Paragraph 1, set up a banner marked as “in possession of the lien” on the outer wall of the building (a 4m x 70m m x 70m m m) and installed a container with “in possession of the lien,” “in possession of the lien,” at the above construction site and interfered with the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and H;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Defendant in his/her full certificate of each registered matter, standard contract for private construction works, standard contract for private construction works, contract for private construction works, electronic account statement, settlement statement, on-site management report, and each on-site management service contract;

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