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Reasons
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(영문) 수원지방법원 안산지원 2013.11.28 2013고단1648
권리행사방해
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2013, the defendant, as the representative director of C Co., Ltd., removed the contact of the 1st floor of the 101 commercial building in Ansan-si E Co., Ltd., which was occupied by D, and used it as the management office of C Co., Ltd.

On August 19, 201, 101, the first floor of the E building, where the defendant removed the contact and brought an office room, was completed in accordance with the terms and conditions of the contract after the defendant was awarded a contract for remodeling construction of the E-building from the Co., Ltd., the representative director, and the defendant was not paid KRW 130 million out of the construction cost. On November 18, 2011, the security deposit was determined as KRW 200 million for the first floor of the E-building and the construction cost was not actually paid, and on April 18, 2012, the defendant entered into a security lease agreement with the court on June 21, 201, after setting the deposit amount as KRW 200 million for the commercial building of the above E-building, and installed a flas card at the time of exercising the lien on April 18, 2012.

Accordingly, the defendant taken the goods of the defendant who is the object of the right of retention and obstructed the exercise of the right of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Hearing G telephone statements;

1. A report on right of retention;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) reflects the wrongness of the defendant, Article 6

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