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(영문) 대구지방법원 김천지원 2016.11.23 2015고단1608

업무방해등

Text

Defendant

A and B shall be punished by imprisonment for six months, and by imprisonment for eight months, respectively.

However, as to the defendant A and B,

Reasons

Punishment of the crime

[Basic Facts] The Institute of Education (JJ) previously transferred JJ and High School located in Kumi-si to Kumi-si L, and conducted the business of transferring JJ and High School to JJ and High School Co., Ltd. and land exchange. In the process, M Co., Ltd. entered into a construction contract on August 12, 201 with the victim Co., Ltd. Co., Ltd., which is operated by N and JJ and High School located in Kumi-si, and agreed to pay 15.4 billion won in price.

The victim continued construction under the pertinent contract but did not receive the relevant construction cost from the M&A, the construction was suspended on December 2, 201 and occupied the relevant construction site by asserting a lien. Meanwhile, P&A entered into an implementation contract with the said J&A on April 23, 2014, Q&A, which intended to carry out a new construction of the said middle/high/high/high/high/high/high school, led to a physical conflict between Q&A and the number of victims claiming an existing lien.

【Criminal Facts】

Defendant

A is the above Q Q Deputy Director, Defendant B is the above Q director, Defendant C is the representative director of Plaintiff R, and Plaintiff R is the company which entered into a subcontract for Q and the above new construction.

As the victim PJJ high school construction site in Gumi-si L filed a lien with respect to the construction site at issue, and the victim Q Q Co., Ltd. was unable to enter the said site and carry out the relevant construction work because it had installed corrective devices, such as locks, etc., the Defendants attempted to block the victim from exercising the right of retention by replacing the entrance locks installed with the entrance door, removing the gate, etc., and to continue the construction of the said school.

1. Defendant A and Defendant C-.