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(영문) 서울중앙지방법원 2020.01.08 2019고정2254

업무방해등

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A The representative director of the LA and the defendant B, and the defendants are those who rent and operate seven stores with the 4rd underground of Jongno-gu Seoul Metropolitan Government DV No. 4, and the victim F are those who operate two stores (G and H) from the LAC by transferring from the defendants, and operate the store in the trade name "I".

1. Crimes on December 19, 2018

A. On December 19, 2018, the Defendants violated the Punishment of Violences, etc. Act (joint structure intrusion) entered into the store “I” (G, H) in the victim’s operation on the 2nd underground floor of Jongno-gu Seoul, Jongno-gu, Seoul Metropolitan Do subway No. 4line E, and entered the store in business to resisting the operation of the victim without paying rent.

Accordingly, the Defendants jointly intruded on the structure managed and operated by the victim.

B. The Defendants who interfere with the business as above.

At the time, at the same time and place as above, the victim did not pay rent to the Defendants, and the victim took out the goods displayed outside the store so that the victim could not operate his business in the above store, and instead took the line of automatic settlement system (POS) machine installed at the wall of the corridor, and forced the use of the automatic settlement system (POS machine) machine installed therein.

Accordingly, the Defendants conspired to interfere with the operation of the victim's store by force.

2. Crimes on February 17, 2019;

A. On February 17, 2019, the Defendants violated the Punishment of Violences, etc. Act (joint structure intrusion) opened an entrance without correction of the said store without permission and entered the upper room against the victim’s will, with the knowledge that the victim was absent from attendance at the said I store at around 05:29.

Accordingly, the Defendants jointly intruded on the structure managed and operated by the victim.

(b) Violation of the Punishment of Violences, etc. Act (joint property damage, etc.);