1. The defendant shall be punished by a fine of 700,000 won;

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

Punishment of the crime

The defendant is the representative director of C and the victim D are the managers of E.

Around July 2013, the Defendant and the victim entered into a contract for the construction of machinery and equipment, etc. among remodeling works of the second, third, 10th and 11th floor of the building in the Nam-gu Incheon Metropolitan City.

On June 6, 2014, around 18:00, the Defendant entered the third floor of the above F building where the victim had a security system and exercises a lien.

Accordingly, the defendant infringed on the above F Building 3 which is managed by the victim against the victim's will.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Application of Acts and subordinate statutes, such as the notice of the Incheon District Court;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination as to whether D occupied the third floor of the instant building

A. The gist of the assertion is that the F building (hereinafter “instant building”) was possessed at the time of the instant crime, and it cannot be deemed that the Defendant occupied the entire three floors. Therefore, the Defendant’s entry into the third floor of the instant building alone does not constitute a crime of intrusion upon D’s structure.

B. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court: ① E with D’s manager entered into a tetea contract with H on July 26, 2013 with respect to the third floor, 10th floor, and 11th floor of the instant building; ② E’s report on the lien submitted by the Incheon District Court I real estate auction case also states that E is “it occupies, manages,” and ③’s report on the lien submitted by E to the Incheon District Court I real estate auction case, ③’s third floor of the instant building and the door attached with a compact (Secom) security device installed by D to enter the room.