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(영문) 서울남부지방법원 2015.09.25 2014노2281
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant is a legitimate owner of the Guro-gu Seoul Metropolitan Government C Apartment 2 Complex 206 Dong 501 (hereinafter “instant apartment”), even if the Defendant interfered with the victim F’s directors who intend to enter the instant apartment or enter the instant apartment, the crime of intrusion upon residence or interference with business is not established against the Defendant.

B. In light of the circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court (two months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendant duly adopted and investigated the apartment of this case as to the Seoul Southern District Court's registration office on June 3, 201, which was received on June 3, 2011, and registered the creation of a mortgage of KRW 300 million to the National Bank of Korea, the debtor, the defendant, and the maximum debt amount, and the Seoul Southern District Court's registry office on November 3, 2011, which was received on November 3, 2011, respectively, registered the establishment of a mortgage of KRW 12 million to the National Bank of Korea, the debtor, the debtor, the maximum debt amount, KRW 12 million. Upon the voluntary request of the National Bank of Seoul Southern District Court, the victim F, upon the request of the National Bank of Korea National Bank, established the fact that he paid the successful bid price on July 7, 2014.

Therefore, the above auction procedure is invalid or the ownership of the apartment house in this case remains in the defendant merely because the defendant created the above-mortgage based on the defendant's deception of investment money.

Therefore, the defendant's above assertion is without merit.

B. The Defendant committed his offense against the assertion of unfair sentencing.

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