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(영문) 제주지방법원 2016.08.17 2016고정229
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

On October 18, 2012, the Defendant entered into a commercial restaurant lease agreement with HCM Co., Ltd. to lease KRW 100,000,000,000 as KRW 30,000,00,000,000 for the first floor of the building C and KRW 10,000,000 between October 31, 2012.

On October 25, 2013, the owner of HCR was unable to repay the debt to the Korea Saemaul Cooperative, and the victim E received a successful bid in the voluntary auction procedure of the Jeju District Court and paid the full amount, and transferred the ownership in the name of the victim on June 18, 2015.

In the auction procedure of the above commercial building, the defendant did not receive dividends from the lessor and did not receive deposits from the lessor, and had proved that the ownership of the building was transferred to the victim and forced execution was made without leaving the victim, and it was sufficiently aware that the building was owned by the victim and it was out of the commercial building.

On November 23, 2015, from around 09:15 to around 10:45, the day before the enforcement officer of the Jeju District Court received compulsory execution, the Defendant ordered three vice-persons, who are aware of the fact, damaged the property equivalent to KRW 15 million for repair costs, such as the floor typology, blurry, fixed type square, electric change box, electric contact box, building wall, etc. installed inside the building.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A complaint filed by E, a copy of the written decision to dismiss an appeal immediately, a copy of the business registration certificate, a copy of the real estate lease contract, a copy of the content certificate, a construction photograph of commercial building 10, a certificate of all the registered matters, the list of claims for appraisal, photographs before and after the submission of the victim

1. A report on investigation (a copy of the judgment submitted by a victim shall be accompanied by a copy thereof);

1. Investigation reports (Adjustment of legal relationships by date of damaged buildings);

1. Written estimate;

1. A report on investigation, and related photographs;

1. A criminal investigation report (specific time to commit the crime), and related photographs;

1. A report of investigation (with regard to calculation of the amount of damage);

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