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Defendant
A and B shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months.
However, as to the defendant B and C,
Reasons
Punishment of the crime
[Reference Facts] Defendant A is the actual representative of the I Co., Ltd. (hereinafter “I”); Defendant B is the head of the K legal office in the Nam-gu Incheon Nam-gu, and Defendant C is the caregiver.
L Around August 2012, L Co., Ltd. (hereinafter referred to as “L”) sold “N”, a main building of the 2nd underground floor and the 11st floor above ground level, which is being newly constructed in the Nam-gu Incheon Metropolitan City M and 9 lots of land, but did not receive the construction cost, but jointly occupied “O” (hereinafter “victim”) and “P” (hereinafter “P”) and exercised the right of retention due to the lack of normal sale, which makes it difficult for L to exercise the right of retention due to the lack of normal sale, first of all, the transfer of Ntel 19,000,000 won at the demand of theO, thereby extinguishing O’s lien by transferring Ntel 19,000 won of the unpaid construction cost, and P would pay the construction cost if sold normally.
After that, the O argued the lien again by taking into account the validity of the repayment of the above large object, and the building management company, etc. which did not receive the building management costs, also did not have any dispute between several lien holders over N such as claiming the lien and L which does not recognize their lien, and during this process, the people, including Defendant A, and Q, etc., were involved in the O side to drive away from the existing occupant by mobilization of service personnel and intrusion into N, and they came to drive away again.
The defendant A, on September 1, 2016, has been successful in driving away the existing occupant and occupying N by unauthorized intrusion with seven persons, including the service of disabled persons mobilized through the defendant C and R, a representative ofO, around September 1, 2016.
Since X was occupied by the building management business chain at the time and was an exercise of the right of retention for the unpaid management costs, R shall exclude Defendant A fromO and have the right to N.