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(영문) 서울서부지방법원 2014.06.12 2014고정539
재물손괴
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

From January 2013, the Defendant served as the managing body of Mapo-gu Seoul Mapo apartment complex C (hereinafter “instant apartment”) (hereinafter “instant building”).

On the other hand, the victim Ho Ho Construction entered into a remodeling construction contract with a stock company around June 2008 and completed the construction work on October 27 of the same year, but did not receive the construction cost, and from November 2008, it occupied the building of this case and exercised a lien.

1. Nevertheless, around March 12, 2013, the Defendant removed two copies of the public notice on the exercise of lien, which the victim attached to the entrance of the instant building, and removed two copies of the public notice on the exercise of lien, which was attached to the commercial building 115 on the same day, and destroyed them.

2. On March 13, 2013, the Defendant: (a) removed two copies of the notice of lien exercise, which the victim attached at the entrance of the instant commercial building; and (b) destroyed them.

3. On March 15, 2013, the Defendant: (a) removed and destroyed the public notice of the exercise of the right of retention, attached to the entrance of the instant building Nos. 113, 114, 115, and 116; (b) a copy of the public notice of the exercise of the right of retention made by the victim on the bulletin board of the commercial building; and (c) a signboard of “Scryp construction” made of an Arabic which is attached to the bulletin board No. 113; and (d) a copy of the public notice of the exercise of the right of retention.

4. On March 18, 2013, the Defendant: (a) removed five copies of the notice of the exercise of the right of retention, which the victim attached to the entrance, management office entrance, and the commercial entrance of the instant building; and (b) destroyed by removing them.

5. On March 22, 2013, the Defendant: (a) removed a public notice on the exercise of lien, which the victim attached No. 105 of the instant commercial building; and (b) destroyed it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs;

1. Application of each written judgment and written decision;

1. Relevant Articles of the Criminal Act and Articles 366 of the Criminal Act concerning the crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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