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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
From D around October 2006, the Defendant leased Nos. 501, 502, 503, and 504 (a deposit KRW 120 million, monthly rent of KRW 9 million) stores located on the fifth floor of the building of the building of the building of the building of the building of the building of the building of the building of the Goyang-dong-gu, Seoyang-gu, Seoyang-gu, Seoul, and operated singing and singing points, and the Defendant could not pay a monthly rent of at least KRW 100 million in total due to business depression around October 2012. On October 17, 2012, the Defendant subleted the victim F (G’s “G”), without D’s consent (a deposit KRW 40 million, KRW 40 million, KRW 40 million, KRW 40 million).
However, since the opening of a business is delayed due to various circumstances, such as failure to obtain the consent to sub-lease, the victim started a business around January 2013, but the victim demanded H to deliver a store on the grounds of the Defendant’s delinquency in monthly rent, and the victim eventually returned the keys of the above 501 and 502 around March 2, 2013 and suspended the beer business.
After that, when the Defendant demanded D to pay monthly rent and restore the store to the original state, the Defendant did not receive the consent from the victim on delivery of the above Nos. 501 and 502, but did not arbitrarily remove and deliver it to D.
1. A thief: (a) around April 20, 2013, the Defendant: (b) ordered I to remove the inside of the said Nos. 501 and 502; (c) directed I to separately cut off three of the biological beer machinery used by the victim; and (d) stolen it.
2. From April 20, 2013 to May 5, 2013, the Defendant destroyed property damage by letting the removal business entity remove the said 501 and 502 internal facilities installed by the victim, import beer and beer owned by the victim (repair and market price) and beer, three air conditioners (unclaimed market price), one ice ice ice straw, and the tables and chairs.
Summary of Evidence
1. Partial statement of the defendant;
2. Partial statements in the second protocol of trial (Witness F, J, I);
3. The statement of the police with F (No. 2 times) 4.