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(영문) 서울중앙지방법원 2014.06.26 2014고정1257
부동산강제집행효용침해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall intrude on any immovables expelled or delivered by any compulsory execution, or impair the utility of such compulsory execution by any other way.

Nevertheless, on December 23, 2013, the Defendant was sentenced to the Seoul Central District Court Decision 2012Kadan156082 on December 23, 2013 to the effect that the said real estate is handed over to D, the Defendant, as the Defendant in the lawsuit of the Dongjak-gu Seoul Central District Court 201Kadan156082 building name, etc., and on December 23, 2013, when the said real estate was handed over to D by the enforcement officer E affiliated with the Seoul Central District Court, the Defendant invadedd the said real estate by using the leg.

Accordingly, the defendant invadeds on the real estate which was named or delivered by compulsory execution, thereby impairing the utility of compulsory execution.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Execution protocol of the delivery of real estate, certificate of delivery, and application of statutes of the judgment;

1. Relevant Articles 140-2 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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