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(영문) 의정부지방법원 2018.07.12 2018고정352
재물은닉
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of a new construction site for electric power resource housing.

On September 11, 2017, around 10:00, the Defendant: (a) replaced the password of the digital air gate of the entrance by the victim D, who is exercising the right of retention in relation to the payment of the construction cost, at the construction site of the new house of Pyeongtaek-gun, Pyeongtaek-gun, Gyeonggi-do; and (b) concealed by mobilization of the key business operator to another digital air gate.

2. According to the evidence duly adopted and examined by the court, the fact that the defendant replaced the digital entrance door of this case to a different one is recognized as stated in the facts charged.

In full view of all the evidence and the records, there was an implied agreement between the Defendant and the victim to vest the ownership of a building completed since the contract was entered into for the new construction of a house and the Defendant, the contractor, in the original condition.

It is reasonable to see (see Supreme Court Order 94Ma2089, Dec. 9, 1994; Supreme Court Decision 2009Da66990, Jan. 28, 2010, etc.). Accordingly, there is also the defendant's ownership of digital fishing village installed at the entrance of a completed building.

Since the defendant was replaced by another one, the defendant was replaced by another.

(1) A person who has concealed another’s property;

There is no other evidence to prove the guilty of the facts charged.

1) On May 12, 2017, the Defendant and the victim entered into a contract with the construction period from May 15, 2017 to July 30, 2017; the construction cost of KRW 124 million (specific, the contract deposit is KRW 50 million; the completed amount is KRW 37 million on June 15, 196; the amount is KRW 27 million on June 30, 201; and the remaining amount is KRW 10 million on June 30, 201; and the Defendant entered into the contract with the victim on May 5, 2017, with the agreement that the project owner shall pay KRW 10 million after completion (the foregoing construction was acquired by the injured party that the existing E had proceeded with the framework construction).

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