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(영문) 서울중앙지방법원 2019.07.05 2019고정943

업무방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was the representative director of D Co., Ltd. who leased a church building and a parking lot in Jung-gu, Seoul and managed the building from the church foundation of D Co., Ltd., and the victim E entered into a sublease contract with D Co., Ltd. as to the size of 735.9 square meters of the church parking lot managed by D Co., Ltd. on June 2016, with a guarantee of KRW 10 million, monthly rent of KRW 3 million, monthly rent of KRW 300,000,000 from June 1, 2016 to May 31, 2021 (operating hours from 17:00 to 09:00) and operated the parking lot business.

Since the conclusion of the sublease contract between Cridge and D Co., Ltd., the Defendant interfered with the victim’s operation of the parking lot by forcing the employees of D Co., Ltd from November 1, 2018 to November 19, 2018, on the ground that the validity of the sublease contract between D Co., Ltd. and the victim cannot be maintained.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Notification of termination and termination of a lease contract, real estate lease contract, public text related to termination, application of Acts and subordinate statutes to the certified transcript of register;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (a person who commits a crime and reflects, and the victim's intent not to punish him/her): Article 59 (1) of the Criminal Act (a fine of 500,000 (a fine of 100,000 won for a day when a sentence is suspended);