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(영문) 서울중앙지방법원 2017.10.12 2017고단3877
재물은닉등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 30, 2008, the victim B and C had operated the “E” restaurant by leasing the above building from the former owner of the Jongno-gu Seoul Metropolitan Government D D D building (the lease term was July 30, 2010, which was renewed every two years, and extended until July 30, 2016). The Defendant purchased the above building on April 7, 2016 and registered the transfer of ownership on or around May 20, 2016. In the course of negotiations for concluding a new lease contract between the Defendant and the victims, the victims did not withdraw from the above building even after the expiration of the lease term, and the victims transferred art works to the victim F for the payment of the existing debts, etc., to keep the container.

1. The crime committed on October 12, 2016: around 09:30 on October 12, 2016, the Defendant interfered with the exercise of rights by the victims by causing the Korea Electricity Corporation and gas workers to open electric and gas measuring instruments installed outside the building at the above E-cafeteria, and causing them to open the electric and gas measuring instruments installed outside the building, and by locking the entrance, thereby interfering with the victims’ exercise of rights.

2. A crime committed on October 17, 2016: (a) around October 17, 2016, the Defendant interfered with the business of the victim F, by correcting the restaurant entrance as a bicycle lock and preventing customers from leaving the restaurant, despite the fact that the victim F, in the above E restaurant, was in operation against G, customers; (b) thereby obstructing the victim F, by force.

3. A crime committed on October 19, 2016;

A. On October 19, 2016, the Defendant invadedd a structure by opening a gate at the above E-cafeteria around 06:00, and entering the inside, and intruded into the structure managed by the victims.

B. The Defendant who conceals property is the victim F. at the time and place described in the above three paragraphs (3) and the victim F. at the E restaurant.

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