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(영문) 서울북부지방법원 2018.11.23 2018고단955
건조물침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has managed the real estate owned by the “B reconstruction and improvement project association.”

In fact, on October 14, 2015, the Seoul Central District Court occupied Seongbuk-gu Seoul Metropolitan Government apartment C apartment D.

E was sentenced to the judgment to deliver the above real estate to F Co., Ltd., and on December 22, 2015, the Seoul Northern District Court executed the delivery of real estate for the above C Apartment D in accordance with the above extradition judgment.

1. On December 22, 2015, the Defendant: (a) went to work at the “B Reconstruction Association Business Association” office located in the above C apartment 6th floor G on December 22, 2015; and (b) opened the entrance door and intrudes on the structures owned by the victim F.

2. The Defendant damaged the property by removing the number height equivalent to 100,000 won at the market price established by F in the same time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Some of the statements made by the prosecution with regard to H and I;

1. Part of the statement made by the police against J; and

1. Court rulings and reports on delivery and execution of real estate;

1. A real estate security trust agreement;

1. The Defendant asserts to the effect that the entire certificate of registered matters [the above C Apartment D (hereinafter “instant real estate”) has the right to possess and manage the “B reconstruction and improvement project association,” and that even if the Defendant entered the said real estate and replaced the water, this does not constitute a crime, or the illegality is excluded as a justifiable act.

The following circumstances can be acknowledged as evidence duly adopted and investigated by this Court, i.e., (1) regarding 18 units of apartment buildings, including the instant real estate, among the buildings in C including the instant apartment buildings, trust in F future according to the real estate security trust agreement concluded between BB reconstruction and Improvement Project Cooperatives and F.

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