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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant, as the manager of the building in the building in the Nam-gu Incheon Metropolitan City, was the victim F (53 years of age, n) from April 5, 2012 to October 30, 2013, operated the “G” by leasing the two floors of the building from the Defendant to October 30, 2013, while the Defendant did not pay rent for several months, the Defendant is currently under the process of a life-saving lawsuit against the victim regarding the leased building.
1. Around 08:00 on November 6, 2012, the Defendant entering a building, when the victim did not pay rent and management expenses, the Defendant deducted the type of equipment located in the said establishment from others, and opened an entrance using the key in advance to lease it to others, and intruded into the structure managed by the victim.
2. The Defendant damaged the property of the victim of an unsound market due to the removal of the stage and lighting facilities owned by the victim at the time and place specified in paragraph (1), the removal of such facilities, such as the victim’s chairs, depositors, and kitchen supplies, and the concealment of them by the method of throwing and dumping them.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Application of Acts and subordinate statutes to photographs of damaged areas;
1. Relevant Article 319(1) of the Criminal Act and Article 366 of the Criminal Act (the point of entering a structure) to criminal facts, the choice of punishment: Selection of each fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel promised that the victim failed to pay the rent and management fee of the shopping mall of this case and the overdue rent, etc. exceeded the deposit, and the Defendant renounced all rights and ordered the Defendant to order the building without any conditions, and then the Defendant suspended from business from August 23, 2012 and took part of the goods out.