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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 50,000 won, and a fine of 300,000 won.
Reasons
1. The summary of the grounds for appeal is C Co., Ltd. (hereinafter “C”) as the obligee of the construction cost for the E company company’s company, and the victim H had obtained consent from F, a well-known person, prior to his appointment as a well-known person for E company, and exercised the right of retention by directly occupying E company’s crypryprypry, etc. (hereinafter “crypump, etc.”). At F’s request, F merely permitted the temporary use of cryprypry, etc., and does not directly occupy F as a direct occupant.
Therefore, the Defendants’ act is not illegal as it constitutes a legitimate act, as it is a right of retention against C’s tolerances, etc.
2. Determination on the grounds for appeal
A. The Defendants asserted to the same effect as the grounds for appeal in the lower judgment, and the lower court rejected the Defendants’ assertion on the following grounds: (a) in light of the circumstances as indicated in its reasoning, which can be acknowledged by the evidence duly adopted and examined by the lower court in the part of the lower judgment’s “determination on the Defendant’s argument”, it is difficult to recognize that the Defendants occupied and possessed the right of retention prior to the Defendants to occupy, and exercised the right of retention; (b) around January 5, 2017, the management right of E company was newly appointed to the victim as of January 5, 2017; and (c) even if the Defendants knew of the change to the knowledge of the change, it constitutes a crime of intrusion upon the victim’s will even though the Defendants knew of the change to the knowledge, it constitutes a tort; and (d) the possession of C constitutes a tort, and thus, constitutes
(b) The possession of the goods shall be continued in order to establish the lien, and if the lien holder loses his possession, the lien shall be extinguished; and
(Article 320 and Article 328 of the Civil Act). The requirements for the establishment of a lien and the possession, which is the requirements for the existence of a lien, are the objective relationship that appears to belong to the factual control of the person under social norms, and at this time the factual control