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The defendant is innocent.
Reasons
1. The summary of the facts charged was around 18:00 on April 16, 2014, the Defendant came to the house of the victim D, who was located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, and was unable to receive the refund of KRW 1100 million from the previous victim, and when the ownership was transferred under E due to voluntary auction, the said house was put to the order of the victim’s household, etc. at the said house, thereby allowing E to receive dividends, and thereby infringing upon the victim’s residence.
2. According to the evidence duly adopted and examined by this court, the house indicated in the facts charged (hereinafter “instant house”) is owned D. The Defendant leased the two floors of the instant house from D to July 9, 2013, and the deposit amount was KRW 110 million. However, even after the expiration of the contract period, D returned only 10 million out of the deposit amount to the Defendant and did not return the remainder. On November 2013, 201, D delivered one key to D with its own key and transferred it to the second floor of the said house, but the auction procedure was initiated regarding the said house, and the Defendant was awarded a successful bid for the said house to the said third party, and the Defendant opened the door of the said house to D’s inside the logistics center after having used his key to receive the dividend payment.
Furthermore, there is a witness D’s statement in the court and investigative agency as evidence corresponding to the facts charged in the instant case that the above act of the Defendant infringed upon D’s residence, and D’s statement was seriously damaged by the Defendant’s house, such as my fung, etc. during the period when the lease contract expires, and the Defendant returned only 10,000 won out of the deposit money to the Defendant, and the rest was paid monthly living expenses.