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(영문) 울산지방법원 2016.05.13 2016고정175
건조물침입
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 9, 2015, the Defendant entered into a contract with D to operate a convalescent care hospital by taking over four parcels and buildings owned by the victim B from the damaged party, and entered into the contract with D to the effect that “a claim against the price of the said construction shall be made to D in full, and a right of retention for the said building shall be waived,” but the Defendant failed to receive the payment of the construction price from D after completing construction works around May 9, 2015, following the completion of the said construction works on the said site and building. On July 25, 2015, the Defendant entered the said site and set up three containers at the entrance of the said site and the entrance of the said building, and parked one vehicle.

Accordingly, the defendant invadedd another person's structure.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. A copy of the letter of performance and the letter of waiver of lien;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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