Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a lessor of equipment at the site of apartment construction performed by the victim.

On December 20, 2015, the Defendant, at around 07:00, demanded the return of the victim’s on-site safety net and external disguised door located at the Busan Jung-gu apartment site site due to the termination of the lease period of the non-line pipe, etc., which the former Defendant leased to the victim, but continued to use without refund, and the rent was granted. Accordingly, the Defendant became effective by removing the safety net and external disguised prevention equivalent to KRW 3,410,000 for each floor of each floor at the construction site, and then concealing the victim’s ownership of each floor at the construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes attached to written estimates;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, despite the lapse of the payment period of rent, requested the defendant to recover the building materials because the injured party failed to pay rent. Nevertheless, the victim neglected this and recovered the building materials according to the lease contract prepared by the defendant and the injured party. Thus, the charges of this case constitute legitimate acts under Article 20 of the Criminal Act.

"Acts which do not violate social norms" in Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain acts constitute legitimate acts which do not violate social norms and thus are dismissed shall be determined on an individual basis, based on specific circumstances, by examining the appropriateness of the act.

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