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(영문) 부산지방법원 동부지원 2016.05.02 2015고정744
건조물침입
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who received a subcontract from the F.F. integrated construction of the victim-based E building in Busan Shipping Daegu D and performed the creative construction work.

Since January 2014 to March 201 of the same year, the Defendant, while continuing the construction work with approximately KRW 70% of the construction cost, demanded the injured party to complete the construction work by paying the construction cost of KRW 20,000,000 from June 2014 to July 201 of the same year while he was suspending the construction work due to the failure to receive the full payment of the construction cost from the contractor, the Defendant infringed upon the victim’s building without permission on the ground that, on November 18, 2014, the Defendant was waiting for the payment of the said additional construction cost of KRW 30,000,000,000 for the first time from June 2014 to the end of July of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to G and H;

1. A complaint;

1. Application of statutes on site photographs;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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