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(영문) 서울남부지방법원 2015.02.04 2014고정2857

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a corporation D representative director established for the purpose of real estate development business, etc. in Songpa-gu Seoul Metropolitan Government and 213, and victim E is a F issuer.

D On January 8, 2014, in order to take over the above commercial building in Gangseo-gu Seoul Metropolitan Government, D entered into a bonds transfer agreement with Pung Mutual Savings Bank, a credit bank of the above commercial building, and paid the down payment of KRW 80 million on the same day, and the remaining balance of KRW 10.2 billion was scheduled to be paid on March 2014.

1. At around 13:00 on February 6, 2014, the Defendant: (a) arbitrarily removed the rectification device of the entrance door leading to the office No. 307, 308, 309, which was occupied by F, despite the absence of the right to manage the commercial building at the entrance of the third floor of the commercial building; and (b) removed the rectification device of the commercial building; and (c) exchanged it with other rectification devices.

2. On February 12, 2014, the Defendant voluntarily posted security guards at the entrance of the third floor of the said commercial building on the ground that he/she would purchase the said commercial building at around 11:00, and prevented the victim E from leaving the entrance door leading to the said office, thereby obstructing the victim from entering the said office.

Summary of Evidence

1. Each legal statement of witness E, H and I;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A real estate delivery impossible protocol (39 pages of investigation records);

1. E-Submission photographs of a cell phone screen images;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment, such as a place of duty, etc., 199 pages of investigation records);

1. Relevant Article 366 of the Criminal Act and Articles 314 (1) of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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