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(영문) 수원지방법원 평택지원 2015.06.05 2014고정504
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant B is the representative director of D General Construction Corporation, and Defendant A is the auditor of D General Construction Corporation.

On June 6, 2014, at around 07:25, the Defendants entered the same building against the victim G’s will, the representative director of the FF, and jointly intruded on another person’s building on the ground that the Defendants exercised the right of retention for the construction cost on the ground that they did not exist any right of retention for the above building, even though there was no right of retention for the above building.

Defendant B is the representative director of D General Construction Co., Ltd., Defendant A is the auditor of D General Construction Co., Ltd., H is the first representative director of H, the victim G is the F representative director of F Co., Ltd., and the victim J is the F Management Director and the K representative director of K Co., Ltd.

In collusion with H on December 2013, the Defendants came to the F and K Office, Inc., the victims in Pyeongtaek-si E, which were managed by the victims in early December 2, 2013, and requested three compact employees to remove the correction device under the pretext of compulsory execution and exercising the right of retention by auction without the consent of the victims, and opened a door and intrude into the structures managed by the victims.

Defendant B is the representative director of the D Integrated Construction Corporation, Defendant A is the representative director of L, Defendants participated in the process of new construction of F factory operated by the victim G in Pyeongtaek-si and then dispute arises between the victim and the construction cost.

1. The Defendants’ co-principal

A. On October 5, 2012, Defendants who interfere with their business from around 15:30 on October 5, 2012 to 22:00 on the same day exercise the right of retention as a matter of payment for the construction work at the above F plant from around 15:30 on October 5, 2012. Defendant B saw a banner, stating “in the course of exercising the right of retention” in front of the above factory’s door, and Defendant A spashs as soon as possible at the entrance of the office entrance of the above factory.

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