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The sentence against the accused shall be determined by a fine of two million won.
If the defendant does not pay the above fine, 100,000.
Reasons
Punishment of the crime
The Defendant is the representative director of E Co., Ltd. (hereinafter referred to as “E”) located in Namwon-si D.
Although the Defendant supplied ready-mixeds to the construction of a new factory in G Co., Ltd. (hereinafter “G”) that took place from July 201 to October 201 of the same year in South Won-si F and nine parcels of land, the Defendant failed to receive the payment of the price. On September 15, 2014, the Defendant posted a banner stating “in the course of exercising the right of retention” to prevent the entrance of the above factory by using container stuffs and sprinks, etc., and then posted the banner stating “in the course of exercising the right of retention.” On March 27, 2015, the former District Court rendered a judgment against G (H) with respect to the instant Ri factory and warehouse building and its site (hereinafter “each real estate of this case”) on the Republic of Korea (hereinafter “instant real estate”), the Defendant did not comply with the judgment of the Defendant 16,705, Jul. 15, 2015.
On May 18, 2015, at the request of the Small and Medium Business Corporation, which is a creditor of one Part G, the former District Court rendered a decision to commence an auction on each of the instant real estate (former District Court Branch Branch I), and the auction procedure was conducted voluntarily. On July 31, 2015, the Defendant reported the right of retention with the amount of KRW 173,49,54 as the secured claim for each of the instant real estate. On November 3, 2015, the Defendant received an order to submit an amendment to verify the continued possession of each of the instant real estate from the said court to the said court for the submission of an order to submit an amendment to verify the continued possession of each of the instant real estate on November 27, 2015, as it continued possession until around September 27, 2015.
However, the facts are recorded at the time when a container stuff and banner are installed, even though the E's lien had already been extinguished due to the loss of possession at the time of November 27, 2015 when the defendant submitted a written well to the court as above.