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(영문) 부산지방법원 2014.07.11 2014고정492
건조물침입등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 11, 2013, the Defendant entered into a lease contract with the victim B and the third floor located in the Busan, Seo-gu, Busan (105 square meters, 205 square meters, 105 square meters, 200,000 won on a deposit basis, and 5 million won on a monthly rent, but the down payment of KRW 4 million on the date of the contract, the remainder of KRW 16 million on the date of the contract, and the payment of the down payment has been deferred without paying the down payment.

1. Around July 20, 2013, the Defendant intruded into a structure that is managed by the victim by using the door open at the 1st floor of the building in order to carry out the interior construction of the building without the victim’s consent from the 1st floor of the building.

2. The Defendant causing property damage, at a time, at a place like paragraph (1) and at a place without the victim’s consent, caused a person in unsound name to remove concrete outer walls, windows, fireproofs, etc. on the first floor of the building so that the sum of the repair cost would be equivalent to 20 million won, thereby impairing the utility of the building. From that time to August 20, 2013, the Defendant had 45 million won in total by removing the inside and outside of the building on three occasions, as shown in the list of crimes in the attached Table, to ensure that the sum of the repair cost would be equivalent to 45 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (the date and time of crime and calculation of amount damaged);

1. Copies of lease contract or certificate of contents;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 319(1), 34(1), and 31(1) of the Criminal Act that choose the penalty, Articles 366, 34(1), and 31(1) of the Criminal Act concerning the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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;

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