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Reasons
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(영문) 청주지방법원 충주지원 2013.07.24 2012고정398
건조물침입
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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 7, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the Chungcheong District Court’s Assistance on December 7, 2012 and two years of suspended execution on December 15, 2012, and the judgment becomes final and conclusive.

On September 27, 2012, the Defendant: (a) around September 27, 2012, the Defendant did not receive money from the victim D’s apartment 1001, and the Defendant did not receive money from the foregoing apartment c; (b) the Plaintiff, the investor, by means of payment in kind, went into the building managed by the victim by having the fluor enter the said apartment owned by the victim, and let the fluor die into it.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Legal statement of Notarial D;

1. A certified copy of the register;

1. On-site photographs;

1. Previous convictions: Defendant and his defense counsel asserts to the effect that, at the time of the instant case, Defendant occupied and managed all E apartment units including the instant case No. 1001, and Defendant D did not occupy and manage the instant No. 1001, since he did not occupy and manage the instant No. 1001, the Defendant’s act does not constitute a crime of impairing the structure.”

However, according to the records, around December 201, the Defendant temporarily removed all of the lien indications related to the above apartment at around one-month period for the completion inspection of E apartment, and until that time, it appears that the Defendant did not individually possess the instant 1001 until that time. The victim received the instant 1001 from G (former HH Co., Ltd.) as payment in kind, and completed the registration of ownership transfer on January 10, 201.

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