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Defendant
A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendants owned loan claims against F Co., Ltd., a former owner of Gangnam-gu Seoul and its ground E hotel (hereinafter “instant hotel”) and the victim G, a corporation established for the purpose of real estate leasing business, etc., and acquired the instant hotel by public auction on August 29, 2013.
The Defendants, at the time of acquiring the instant hotel by public auction, did not have occupied the instant hotel, and therefore, they could not claim the right of retention against the victim, notwithstanding the fact that they were unable to do so, the Defendants, by installing containers at the entrance of the instant hotel, employing services, illegally occupying the instant hotel and receiving money from H to participate in the exercise of the right of retention against the victim, with the intent to occupy the instant hotel along with H, etc.
1. Around 16:00 on July 30, 2016, Defendants violated the Punishment of Violences, etc. Act (joint residential intrusion) continued to enter the first floor of the instant hotel against the intent of the victim by intrusioning into the first floor of the instant hotel and leaving the coffee shop, etc. without permission, without complying with the demand of the victim.
From around that time to November 2016, the Defendants continued to occupy the first floor and coffee shop, etc. of the hotel of this case by continuing to get out of work daily with the services (five persons, each of whom are permanently stationed as the main bridge) employed by H.
Accordingly, the Defendants invaded the victim's structure in common with H, etc.
2. From July 30, 2016 to November 16, 2016, the Defendants interfering with the business of the instant hotel, as well as interfering with the victim’s hotel business by intrusioning on the first floor of the instant hotel and occupying coffee shop, etc. without permission, against the victim’s intent, along with the services employed by H around 16:00.