logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.01.26 2016고정973
건조물침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

On October 17, 2015, A paid the remainder of lease deposit KRW 7 million and monthly rent KRW 500,000,000 to the victim C's agent D and the victim C's store in Dong-gu Daejeon-gu, Daejeon, and paid the remainder of lease deposit deposit KRW 1 million on the day, and at the same time, even if the Plaintiff entered into a regular lease contract with the delivery of the said store, it did not receive the payment of the remainder on the day. Therefore, even though he did not have a right to use the store, A was unaware of the fact that he did not know of the fact that he did not use it for the said store, A was able to have the removal construction work.

1. On October 18, 2015, the Defendant: (a) had a construction business operator F and three other construction business operators, who may know of the fact, enter a store through door, thereby damaging the victim’s structure; and (b) removed part of the store under ice out of ice construction, thereby destroying the store equivalent to KRW 7 million at the market price.

2. On October 19, 2015, the Defendant had a construction business operator F and three other construction business operators know of the fact enter the said store through door, thereby infringing on the victim’s structure.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (two times);

1. Each legal statement of witness G, D and C;

1. Attachment report, including data on the currency of the complainants, data related to the interior cost of the complainants, etc., and further statement hearing and report on the statement of witness F (humanistic construction business operator);

1. The defendant and his defense counsel asserted to the effect that there was no intention to intrude into a structure or damage to property, since he thought that the victim's implied consent was given to the artificial park construction work, and that there was no intention to intrude into a structure or damage to property.

However, the defendant did not pay the lease deposit agreed upon to the lessor C.

arrow