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(영문) 수원지방법원 안양지원 2019.01.25 2018고단1283

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of Ansan-gu B apartment C, Mayang-gu, and the victim D is the person who operates the G office in the Mayang-gu E Apartment Building F.

On April 1, 2016, the Defendant entered into a real estate sales contract to sell the apartment owned by the Defendant to H for a total of KRW 450 million for the purchase price, and received KRW 150 million as a down payment and an intermediate payment in the same place.

However, on April 2, 2016, the Defendant received a telephone from the victim that “if a purchaser either fungs or fungspine fungspine wall is cut off, the repair cost is deducted from the trading price, and if she refuses to do so, the repair cost is cancelled,” and returned all KRW 115 million, which was the name of down payment and intermediate payment, to the purchaser’s bank account on April 4, 2016.

Although the Defendant did not make a false statement in collusion with the buyer, but did so by itself with the Defendant’s consent to the cancellation of the contract and returned money, the Defendant conducted one person’s demonstration by citing the clicket stating that “The Defendant would be responsible for causing damages in good faith by going through abnormal termination of the contract after selling and selling real estate,” in front of the above licensed real estate agent office operated by the victim from April 14, 2018 to August 8, 2018. At the inside of the above situation, the Defendant conducted one person’s demonstration by stating that “The Defendant would be forced to receive the full amount of the contract deposit and intermediate payment without penalty.”

The defendant spreads false contents to interfere with the authorized brokerage business of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Photographs photographs of diskettes or demonstrations;

1. Each judgment;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;