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(영문) 제주지방법원 2020.02.19 2018고단2289
특수건조물침입등
Text

Defendant

A Imprisonment with prison labor for eight months, and for one year, each of the defendants B, C, E, F, and G shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 1, 2016, J Co., Ltd. (Defendants) concluded a construction contract with the J Co., Ltd. and the construction cost of KRW 10.2 billion, which newly constructed an officetel of the size of the 15th floor above the ground and the 10.2 billion above the ground level to K at Jeju, and concluded a construction contract with the J Co., Ltd. on July 21, 2017 on the ground that the J Co., Ltd did not pay the construction cost, and the J Co., Ltd continued construction upon the construction site around July 21, 2017.

The Defendants had invaded into the construction site to receive construction cost together with M, N,O, P, and Q to prevent the entry of the employees in charge of construction at the construction site and the employees of the sales office installed at the construction site and without permission.

1. On December 31, 2017, Defendant A, Defendant D, and Defendant E, together with M, N, andO, came to exercise the right of retention at the construction site of an officetel located in K at the Jeju city managed by the victim J Co. and L Co., Ltd., and intrudes upon the structure managed by the victims. Defendant C intruded into the structure managed by the victims by the same method on January 1, 2018, and Defendant F and Defendant G intruded into the structure managed by the victims by the same method on January 3, 2018.

Accordingly, the Defendants infringed upon the structure by showing the power of the organization or the general public.

2. Interference with business affairs by Defendants A, B, and D: From December 31, 2017 to March 8, 2018; from December 31, 2017 to March 5, 2018; from March 5, 2018; Defendant C, from January 1, 2018 to March 8, 2018; Defendant G, and Defendant F, from January 3, 2018 to March 5, 2018; and install a banner on the ground that they exercise their lien.

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