(영문) 수원지방법원 2018.03.15 2017고단3686



A defendant shall be punished by imprisonment for not less than eight months.

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


Punishment of the crime

The Defendant: (a) registered a business operator in the name of his/her father in the name of his/her father; and (b) requested on March 16, 2015 to lend the registered name of the “E” restaurant operator in the name of the “E” restaurant that had been operated from around 2012; and (c) on March 16, 2015, the Defendant had the Defendant registered the business operator of the said restaurant in the name of his/her mother; and (d) the said restaurant continued to operate the said restaurant as before.

In the meantime, when the defendant and the victim suffered a demand from the victim to mination, and the request to return the above restaurant name was made, the defendant thought that the victim would attempt to minate with himself/herself in order to meet other males, and the defendant, which had not been able to return the name of the restaurant to the victim.

1. On February 11, 2016, the Defendant entered the said “E” restaurant operated, managed, and possessed by the victim C, and searched the room of the said store possessed by the victim with the business registration certificate, lease agreement, etc. of the said restaurant registered in the name of the Defendant, which was registered in the said restaurant in the name of the victim.

2. Around 11:51 on February 12, 2016, the Defendant: (a) filed a business suspension report on the said “E” restaurant with the name of the Defendant; (b) the victim C, a de facto owner interest manager, who opened in the name of the Defendant and used the said restaurant; (c) suspended the use of credit card accounts, bank accounts, credit card terminals, etc. connected with the said restaurant; and (d) around March 2, 2016, the Defendant paid the payment to the Defendant, and the present “E” restaurant with the content that the Defendant would not use the said restaurant while suspending business.

Accordingly, the Defendant’s power is thereby exercised.