A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the owner of multi-family house in Gwanak-gu in Seoul Special Metropolitan City.

On April 30, 2012, the Defendant entered into a lease agreement between the victim D with regard to subparagraph 202 of the second floor of the above multi-family house with the lease term from May 30, 2012 to May 30, 2014, and the lease deposit amount of KRW 35 million.

Therefore, while the victim paid the above deposit to the defendant for the lease and used the above 202 units, the victim continued to occupy the current number height with the director without receiving the deposit for lease on August 2013, 2013, which was before the above lease term expires.

However, around December 6, 2013, the Defendant entered into a lease agreement with E on the lease term of the above 202 from December 11, 2013 to December 10, 2014, under which the lease deposit is KRW 35 million. Upon receiving the lease deposit from the above E, the Defendant voluntarily recovered the possession of the victim as to the above 202 subparagraph, and delivered it to E for possession.

As a result, the defendant taken the object of the defendant's possession and obstructed the exercise of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. In full view of the sentencing conditions expressed in the trial process of this case, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, circumstances after the crime, etc., the following factors shall be determined within the scope of the recommended sentence, by comprehensively taking into account the pertinent legal provisions on criminal facts, Article 323 of the Criminal Act on the selection of punishment, reasons for sentencing of imprisonment [the scope of recommended punishment] [the scope of recommended punishment in accordance with the sentencing guidelines], the basic area (fe.g., interference with the exercise of rights] (f., six months to one year).

The favorable circumstances: the first offense that has no record of crime.

Unfavorable circumstances: The nature and circumstances of crimes are not good in light of the method of crime.

On the other hand, there was no agreement between the victim and the victim.