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(영문) 서울중앙지방법원 2018.01.30 2017고정2433 (1)
방실침입등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was the manager of the Jung-gu Seoul Metropolitan Government D shop and led the lease of the shop. E was the one who leased the above 104 and 105 1st floor from around November 201, 2013, for the above 3 stores including the above 103 commercial buildings owned by the victim F, the neighboring store, and operated the clothing sales business from around that time to February 2015.

On October 2013, the Defendant drafted the “D Commercial Lease Agreement” with the content of F, lessee E, deposit 10 million won, monthly rent 80,000 won, even though the Defendant had not obtained the victim’s specific consent.

On December 2, 2013, the Defendant issued the above lease contract to E on the first floor 103 above D shopping mall underground, and received the transfer of deposit amounting to KRW 10 million, and caused E to do so, such as electrical construction for the above 103, installation of a wall blick blick, floor blick, and a blick.

Accordingly, the defendant had E intruded into the above 103 shop owned by the victim F, and had E carry out the construction of the above store, thereby impairing the utility of the above store.

Summary of Evidence

1. Partial statement of the defendant;

1. Joint Defendant E’s legal statement;

1. Legal statement of witness F;

1. Statement made by the police and prosecutor with respect to F and G;

1. AF complaint;

1. Sponsorary photographs of 103 possession of the complainants;

1. Application of each police investigation reporting statute;

1. Relevant legal provisions of the Criminal Act concerning the crime, Articles 319(1), 34(1), and 31(1) of the Criminal Act concerning the choice of punishment (the point of intrusion by room), Articles 366, 34(1), and 31(1) of the Criminal Act concerning the selection of fines, and the choice of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

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

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