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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
From around 2010, the Defendant was the representative director of C with the main focus on painting construction business, etc., in Songpa-gu Seoul Metropolitan Government, a new construction of a main apartment in Songpa-gu, and the victim E is the representative director of the F Co., Ltd. who re-subcontracted the part of the new construction business.
The victim had been urged to pay the balance of the Corporation without removing H-BAM equivalent to KRW 22,293,040,000 at the market price owned by the victim since March 19, 2013 to June 2014, but failed to receive payment of KRW 72,00,000 from the Corporation.
In July 2015, the Defendant cut the above H-BEM, which is the victim's possession, installed in the new construction site at the middle of the company, to be used for the cost of the work.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. The witness H and G respective legal statements;
1. The protocol concerning the examination of each police suspect against the defendant and H;
1. Each police statement protocol with respect to I, G, J, K, E, and L;
1. On June 2015, the details of deposits in the account, certificates of all registered matters, written decisions, investigation reports (verification of data on calculation of the amount of damage), complaints, standard subcontract agreements for construction works, electronic subcontract agreements, tax invoices, electronic payment notes, documents verifying the details of payment, field photographs, standard subcontract agreements for construction business, and estimates [the following circumstances recognized by each evidence in the holding, i.e., ① the enforcement private person C included M in the Si construction instead of the sewage H, thereby requiring the completion inspection process to be conducted, and MJ and K exercised the lien on or after the completion of the construction:
The F demanded F F I to the effect that “the sn beamline is removed. The sn beamline is to be removed after receiving a loan,” and ② C was required to undergo a completion inspection for the smooth progress of the project, and for this purpose, the sn beam beam removal required by Songpa-gu was the urgent situation, whereas C was demanded to pay the construction cost.