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(영문) 수원지방법원 성남지원 2018.05.16 2017고정1666
건조물침입
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 2016, the Defendant entered into a lease contract with the victim C (58 tax) on the condition that deposit money of KRW 12 million (1.2 million in monthly rent) was paid to the victim C (58 tax)-owned warehouse (60 square meters) in Gwangju City (1.2 million won in monthly rent).

However, around December 2016, the Defendant requested the victim to accept the warehouse that “I will sell skiing goods through the Internet” (e.g., repair) so that I can move goods in the warehouse to D (150 square meters) that is the next warehouse, and the victim allowed the victim to use approximately 7-10 days, which is a construction period.

However, on March 31, 2017, the Defendant used both warehouses without paying rent, while having actually not repaired B warehouses and piling up goods in D warehouses. On March 31, 2017, both of the goods stored in both warehouses were deducted.

The defendant's another place of business, "F" in E, which is operated by the defendant, moved to the "F Ski shop."

However, on June 2017, the defendant, who was able to secure his lease deposit, did not return his claim, cut off the keys to the D's warehouse without permission, and intruded into the structure managed by the damaged person, by putting his skiing goods in the warehouse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, G and H;

1. Each chief of the highest court (the Defendant and his defense counsel continued to possess and manage skiing goods in a D warehouse by June 2017, and thus, they did not intrude into the said warehouse. However, the victim consistently stated that “the Defendant left the D warehouse around March 5, 2017 and the lease contract on this part was terminated” from the police station to the date of the said court, and the Defendant was also unable to prove the content of the D warehouse on June 5, 2017, and the time when the leased deposit was returned.

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