A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 27, 2019, the Defendant causing property damage: (a) around 15:20 on March 27, 2019, the victim of Gangnam-gu Seoul apartment C agreed to lease with the victim D, and (b) the director completed the transfer of the right to lease the apartment after the transfer of the right to lease the apartment; and (c) the lessor returned the remainder after deducting the rent and all kinds of expenses from the lease deposit; (d) on the ground that the lessor’s victim returned the lease deposit after deducting the rent and all kinds of expenses from the lease deposit, the key business operator, who is unaware of the fact that the key business operator was installed on the door of the entrance, was removed from the lock so that the key business operator removed the lock locking device in an amount equivalent to KRW 3

2. The Defendant, at the same time and place as that mentioned in the preceding paragraph, removed a locking device installed in C heading gate, and went into the apartment unit, and intrudes on the building possessed by the victim.

Summary of Evidence

1. The defendant's written statement E prepared in the court statement of witness D, investigation report (the victim's submission of data), investigation report (the date of director's attachment) (the attachment of photographs) and the defendant's defense counsel are consistent with the defendant's opening of a locking system as stated in the facts constituting an offense, and entering into the apartment house. However, since the defendant was unable to refund legitimate deposits, it is the defendant's removal of a locking system in order to exercise his/her right to defense of simultaneous performance, this is argued as the act

According to the aforementioned evidence, the Defendant received KRW 55 million remaining lease deposit from the victim around March 26, 2019, and was also informed of the password of the locking device while leaving the apartment of this case. Even if the victim had a duty to return part of the lease deposit, the Defendant completed the transfer of the apartment of this case, which is simultaneously implemented with the refund of the deposit around March 26, 2019, even if the victim had a duty to return part of the lease deposit.