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(영문) 수원지방법원 2014.05.08 2013고정2158

업무방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the chairman of the Housing Redevelopment Improvement Project Promotion Committee in Suwon-si from September 2006 to September 2009, and the Defendant was a general director of the said Improvement Project Association from September 2009 to April 30, 2013.

On July 17, 2012, the Defendant passed a resolution of the board of representatives to dismiss the Defendant, and submitted it to the general meeting. At that time, the Defendant started to publish a statement that criticizes the Defendant’s various business affairs on the website of the Development Promotion Committee.

On August 25, 2012, the Defendant stated on the above bulletin that “it would be difficult to be relieved of the violation of the law by fraud, such as breach of trust, etc.” and stated that the president of a cooperative is guilty in the appellate court due to the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and made it public by using cans of a member’s seal impression. It is anticipated that five members will be informed of the usage of a member’s seal impression.” The head of a cooperative prepared an agreement with a contractor or a subcontractor by stealing the members’ seal impression and made it as if the Defendant was in possession. However, even though the above agreement does not exist, the Defendant voluntarily posted such an agreement to have the members and executive officers of a cooperative, including the president of the cooperative.

Accordingly, the defendant interfered with the redevelopment association operation of the president D and directors of the partnership, who are victims by fraudulent means.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E and F;

1. The entry of witnesses G and H in the third protocol of trial;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. Each protocol of suspect examination of the police against the defendant (including the whole part);

1. The police statement concerning G;

1. Posting a notice on the website;