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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a director of the Seoul Special Metropolitan City Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City F Building Management entrusted by a limited company E (hereinafter referred to as "E").
The victim H Co., Ltd. (hereinafter “victim”) concluded a specific purchase contract with the clothing company after leasing the first to the fifth floor of the above building from the above E, and purchased various clothing products from the clothing company and let the relevant company sell them, and was engaged in the clothing sales business in the manner of receiving the fee, the victim H Co., Ltd. (hereinafter “victim Co., Ltd”) received the notification of the termination of the self-contract from the above E on December 9, 2015 on the ground of the unpaid rent from the above E.
However, as a dispute arises, such as the victim company's assertion that the above termination notice is invalid and did not order the leased building, the defendant committed the following crimes to recover possession of part of the above building.
1. The Defendant’s intrusion upon a structure: (a) instructed the outer company to install a double wall in the “I” store space on the third floor; and (b) around January 19, 2016, the Defendant intruded into the third floor above the third floor of the building F in Gwanak-gu, Seoul Special Metropolitan City.
Accordingly, the defendant invadedd the above structure under management by the victim company.
2. The Defendant interfered with the business affairs of the victim company by force by installing the walls in the above store space at the time and place specified in the above paragraph (1) and preventing the victim company from using the above space.
Summary of Evidence
1. Each legal statement of the witness J and K;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. A protocol concerning examination of the suspect of the defendant or a part of the police against L;
1. Complaint;
1. Statement made by the police to J;
1. The application of Acts and subordinate statutes governing the contract for specific purchase and transaction of F buildings, the lease contract, the case of requesting the reduction of the rent for a gallon loan for F buildings, the case of notifying termination of the contract for a gallon loan for F buildings, site photographs with walls installed, and all registered certificates;
1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 of the Criminal Act (the point of intrusion on a structure and the fine);