Defendants are innocent.

Defendant A, who is the general representative of Company D (hereinafter referred to as the “instant Company”) that was responsible for the management of services by dispatching services to the management body C and the outsourcing contract, and Defendant B is the management director of the said Company.

The secretary-general E of the victim C management body instructed the Defendants to take measures to cut electricity and cut off on the pertinent floor on the ground that the sectional owners of the first, second, and third floors of the building in Seodaemun-gu Seoul Metropolitan Government did not pay the management expenses, but the Defendants did not comply therewith.

Accordingly, the above E expressed its intent to terminate the delegation contract to the above company.

around 13:00 on April 13, 2018, Defendants were required to withdraw from the said E within 24 hours from the Seodaemun-gu Seoul, Seoul, and the electrical machinery room of the six underground floors.

However, even upon receipt of the above notification, the Defendants continued to occupy the electrical machine room from May 14, 2018 to May 28, 2018 without complying with the above demand for eviction from the six-story electric machine room above the above building.

As a result, Defendants conspired to leave the victim without any justifiable reason.

The Gu refused to comply with the Gu.

It is necessary to leave because the crime of intrusion upon the market and the crime of non-compliance with the eviction shall be the crime of de facto peace of residence.

The main body of the Gu is a person who actually maintains the peace of residence by occupying or managing a building, etc., and whether a resident or a guard has the right to live in the building, etc., or not, the establishment of a crime does not depend on the establishment of a crime, and even if a person who has no right to occupy occupies a building, the peace of residence should be protected (see, e.g., Supreme Court Decision 2007Do4082, Aug. 23, 2007).

At the time of the Gu, the actual possession of the victim with respect to the sixth-story electric machinery room should be recognized.

this Court.