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(영문) 수원지방법원 2017.02.02 2016고정1995

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From around 2011, the Defendant leased and used the land and factory owned by the victim D in Hysung City from around 201, and transferred the possession to the victim according to the compulsory execution procedure of the real estate name lawsuit filed by the victim around January 2015.

The Defendant: (a) was unable to receive a deposit of KRW 6 million from the said victim at the said location from around December 2, 2015 to February 6, 2016; (b) was prevented from entering the victim’s factory and land entrance by bringing two containers at the victim’s factory and land entrance; and (c) was unable to have the name of the victim who had been in the said place to purchase the said factory and land at the above location “dward; and

This factory interferes with the sale and lease of the factory of the injured party by stating that it can not be seen as "the legal interest and interest of the injured party".

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Legal statement of the witness D;

1. Data on photographs of damaged scene;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;