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1. The defendant A shall be punished by imprisonment for eight months, by imprisonment for three years, by imprisonment for three years, by imprisonment for four months, respectively.
2...
Reasons
Punishment of the crime
Defendant
B The representative director of J (hereinafter referred to as the “J”), K is the representative of L guard company, and Defendant A is the employee belonging to the above guard company, Defendant D, Defendant C, and other M are one member of L guard company, together with Defendant A.
Defendant
B on November 14, 2008, N Co., Ltd. (hereinafter “N”) awarded contracts for the construction of sites for Class II district planning zone (hereinafter “N”), and N Co., Ltd completed all the construction of sites equivalent to KRW 4,779,00,000 for the total construction cost around July 2010. However, the Defendant’s side did not pay the construction cost at all. However, from October 8, 2010 to Sacheon-si, P Co., Ltd. (hereinafter “the construction site of this case”), and carried a banner, “in the course of exercising the right of retention,” and installed three container boxes, and exercised the right of retention.
On the other hand, from December 17, 2007 to July 19, 2010, Defendant B loaned KRW 6 billion to the Korea Savings Bank as security the land for private-si P and 22 lots owned by J, including the instant construction site, and R and 13 lots owned by the Defendant, but was not repaid. As such, the Korea Savings Bank conducted a public sale procedure for the instant construction site on March 201 through the KB Real Estate Trust Co., Ltd., and N completed the lien report with respect to the instant construction site as the preserved bond.
Defendant
B A continued possession of the instant construction site on the N and the exercise of a lien is prohibited from recovering claims from the Korea Savings Bank because the public sale procedure does not proceed properly. Therefore, the Korea Savings Bank introduced the said K from the side of the Korea Savings Bank for the purpose of interfering with the exercise of a lien. On June 22, 2011, the Korea Savings Bank concluded a security contract of KRW 20 million on the said K and the instant construction site to control K from entering the construction site so that N may not exercise a lien.