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(영문) 부산지방법원 2014.08.21 2014고정2852
부동산강제집행효용침해등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 26, 2012, the Defendant: (a) sold the foregoing apartment to another person by compulsory auction; (b) and (c) was occupied with the order of the representative D of C, the contractor of the above apartment, to possess the above apartment as if he had the lien holder; and (d) on September 26, 2013, the Busan District Court rendered a ruling to deliver the above apartment No. 103 E, and (e) on November 15:18 of the same year, the delivery execution of real estate was completed.

Nevertheless, at around 20:00 on November 6, 2013, the Defendant opened a window that is not corrected by D’s instruction and opened the door door, and installed a correction device that is removed from the d’s d’s d’s h’s h’s h’s h’s h’s h’s h’s h’s k.

Accordingly, in collusion with D, the defendant invadeds on the real estate ordered by compulsory execution, and has harmed the utility of the property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A criminal investigation report (Attachment of a field photograph);

1. Court rulings on delivery of buildings, and application of the Acts and subordinate statutes to real estate delivery execution records;

1. Relevant Article 140-2, Article 30 of the Criminal Act, Articles 366 and 30 of the Criminal Act, Articles 366 and 30 of the Criminal Act, the choice of fines for the crime;

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

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

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

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