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(영문) 청주지방법원 2013.04.25 2012고정929

업무방해

Text

The defendant is innocent.

Reasons

1. The Defendant was in charge of the management of the property owned by CPD as a general secretary of CPD’s lineal descendants and the Defendant was in charge of the management of the property owned by the CPD. The victim E, as an auditor of the FF Tax Accounting Office, was in charge of audit and inspection of the operation of the FF Tax Accounting Office from November 1, 201 to December 31, 201, based on accounting data, etc. and reported the settlement of accounts. Since the Defendant requested the FF Tax Accounting Office to arrange various materials generated during the above period, the Defendant requested the victims to review and audit the accounting data and receipts, etc. so that the victims can report the settlement of accounts at the scheduled general meeting, and then the victim E, as an auditor of the FF Tax Accounting Office, should deliver all kinds of materials, such as a receipt, etc. to the victims.

On January 18, 2012, the Defendant received a request from the victim to immediately submit data, such as receipts, etc., from the F Tax Accounting Office in order to enable the victim to submit a report on the settlement of accounts for the above period at the ordinary restaurant held by the Defendant’s children H in Cheongju-si, Cheongju-si, a meeting of executives of a clan meeting held by the Defendant’s children H on February 5, 2012.

Around January 21, 2012, the Defendant received various documents, such as receipts, from the F Tax Accounting Office for the pertinent period, so even though at the scheduled regular meeting, the Defendant had issued various documents, such as receipts, to the victim so that the victim can file a settlement report, the Defendant did not deliver all the documents, such as receipts, to the victim until February 5, 2012, in order to avoid being audited by the victim who is likely to be changed due to the scheduled scheduled general meeting of shareholders.

The defendant is force by means of not delivering various data necessary for the audit to the auditor.