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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
On April 19, 2011, the Defendant concluded a lease contract in the name of a woman living with the victim D (the age of 45) in the name of the living woman on the first floor of the house owned by the victim D(the age of 45) in Gangnam-si, and brought a lawsuit against the female living together with the female living together to prevent the return of the deposit, when the female living together came to be hedging with the female living together.
Ultimately, due to the above litigation, the victim was sentenced to the transfer of the deposit returned claim from the Gangseo branch court of the Chuncheon District Court.
On April 28, 2013, upon the termination of the 2-year lease contract, the Defendant filed a lawsuit against the victim to refund the deposit for lease on a deposit basis. As such, the Defendant promised to return the deposit for lease after the victim got through the decision on the transfer of the deposit for lease on a deposit basis, which was held on July 18, 2013.
However, at around 07:00 on July 23, 2013, the Defendant: (a) sought a digital number key of the entrance to which the victim newly attached on the ground that the victim did not abide by the said promise; (b) destroyed property of an amount equivalent to 150,000 won in the market price of the victim’s possession by removing the digital number key of the entrance to which the victim newly attached on the ground that the victim did not abide by the said promise; and (c) occupied the victim’s structure without permission by moving the property to the house in which the victim purchased, and by attaching a new digital number key.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Written estimate;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense (the point of entering a building, the choice of fines), and Article 366 of the Criminal Act (the point of causing property damage and the choice of fines);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crime of causing property damage heavier than punishment);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.