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(영문) 인천지방법원 2013.12.06 2013고정3226

업무방해등

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 8, 201, the Defendant: (a) waived the construction of reinforced concrete construction of the Seo-gu Incheon Metropolitan Government Office D Officetel and the new construction site of neighborhood living facilities after subcontracting from the victim E Co., Ltd.; (b) had already been completed on the said site on October 4, 2012; and (c) had already been paid labor costs by subrogationing the above site in subrogation of the victim Co., Ltd.; and (d) had already been lost possession and the lien cannot be established, the Defendant conspired with the representative director, F, etc. to occupy the said construction site by asserting the right of retention for securing the unpaid construction costs, notwithstanding the fact that the lien is not established.

1. On February 14, 2013, at the above construction site around 08:00, the Defendant entering the building, along with G and H, engaged in daily labor that did not know that there was no lien, and entered the said officetel and neighborhood living facilities into the victim company management structure.

2. On February 14, 2013, from around 08:00 to April 8, 2013, the Defendant interfered with the business affairs of the victim company, such as having potential customers who want to enter into a sales contract by attaching a warning letter stating that “in the course of exercising the right of retention,” a banner of “in the exercise of the right of retention,” and “in the course of exercising the right of retention, entry without C’s prior permission,” attached it to the glass window, etc., interfered with the business affairs concerning the sale of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Each police interrogation protocol of H and G:

1. Each police statement made to I;

1. Application of Acts and subordinate statutes to each employment contract, written agreement (F-A), photograph, written decision (provisional disposition prohibiting interference with business), complaint, and investigation report in which other enterprises work;

1. Relevant Article 319 of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the Criminal Act concerning the entry of a structure.