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(영문) 부산지방법원 2020.09.10 2020고단1106

업무방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A around October 22, 2018, to lend KRW 25,00,00 to C, but actually paid KRW 23,250,000,00 which deducts fees of KRW 1,750,000, and paid KRW 1,250,000 on 12 occasions each month, and agreed to repay the principal amount of KRW 25,00,000 on 21 October 2019 in a lump sum, and then delivered KRW 23,250,000 on 25, 209 to C, and around February 25, 2019, upon deducting fees of KRW 1,00,000,000 for 1,50,000,000 for 5,000,000 for 1,5,000,000 for 300,000 for 30,000 for each day.

Defendant

B is a joint and several guarantee for C's above loan debt.

1. The Defendants jointly committed a crime (Interference with the business) committed by the Defendants: (a) Defendant A borrowed money as above and did not pay the borrowed money properly; (b) around May 28, 2019, Defendant A received from the victims “written notice of transfer of rights and renunciation of rights” in relation to the Dnonobs that he/she operated.

The Defendants conspired to prevent the victim from running singinging business by arbitrarily changing the victim’s singing locks with the victim’s failure to repay his/her debt to the victim. Accordingly, around June 4, 2019, Defendant B was unable to operate singinging business by arbitrarily replacing the locks of the singing door in Busan-gu, Busan-gu.

As a result, the Defendants conspired to interfere with the victim's singing operation by force.

2. No person who is a defendant A (Violation of the Interest Limitation Act) shall receive interest on a lending and borrowing of money exceeding 24% per annum;

A. On October 22, 2018, the Defendant agreed to lend KRW 25,00,000 to C at a G agency located in Busan Metropolitan Government (F) but actually deliver KRW 23,250,000 after deducting fees of KRW 1,750,000, and to pay interest of KRW 1,250,000 per month on 12 occasions. On October 21, 2019, the Defendant agreed to temporarily repay the principal amount of KRW 25,000,000 per month.

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