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(영문) 인천지방법원 2014.10.30 2014고정3143
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a subcontractor of the C building in Incheon pole-gun, and the victim D (the 65 years of age, the 65 years of age) is the owner of the above building.

1. On May 3, 2014, at around 17:00 on May 3, 2014, the Defendant destroyed the property damage by writing writing stating that “the exercise of lien,” “the exercise of lien,” “E fraud,” “the prohibition of entry into room,” “the soon as possible,” and “the fluence of the house,” which is the market price of the victim’s ownership, is equivalent to KRW 4,100,000, the victim did not pay the construction cost of KRW 40,000,000.”

2. At around 17:00 on May 3, 2014, the Defendant, at the same place as the above paragraph, forced commencement of compulsory sale by F, a creditor, in relation to the exercise of the right of retention as a matter of the victim D and construction work price, and the right of retention became extinct, the Defendant, without permission, went into the building owned by the victim through the entrance without consent of G manager, for the reason that he/she had no legitimate authority to attract the building, and intrudes without permission, by entering the building owned by the victim through the entrance, and continuously occupying the F-dong 104 of the building, which

3. From May 3, 2014 to the same month by the Defendant interfering with his/her duties.

8. From 05:00 to the above place, the victim exercised the right of retention on the ground that the victim did not pay the construction cost and leased at 10 places in the above building room, and by exercising power by means of a red frame such as falling, such as exercising the right of retention, fraudulent change, etc. inside the building, the tenant was unable to collect the rent from the victim, and obstructed the lease of real estate by the victim, such as preventing the tenant from leaving the building, and preventing the tenant from entering the building by combining the entrance with the door to the door.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the crime;

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