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(영문) 인천지방법원 2014.10.10 2014고정2647

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

1. On January 19, 2014, the Defendant agreed to construct multi-household housing on the ground of Incheon Cheongjin-gun, Incheon, and entered into a contract on the construction of multi-household housing with the victim D around July 24, 2013.

The victim completed the structural construction in accordance with the above contract, but the construction was temporarily suspended due to the failure of the Defendant to receive the construction cost from another construction business operator. On January 4, 2014, the Defendant brought his/her container office at the entrance of the said construction site to prevent another construction business operator from entering the said site, and then prepared the following processes for the said multi-household housing construction by installing computers, telephone, air conditioners, CCTV, etc. at the said office.

At around 17:00 on January 19, 2014, the Defendant: (a) moved the container office to a street with 20-30 meters away from the construction site to prevent another business operator from entering the above site; (b) used the container office to interfere with the management of the victim’s site at the construction site; (c) cut off the phone line owned by the victim and electric power lines installed in the above office in the process; and (d) destroyed the air-conditioning room and CCTV, etc. at the above construction site, and damaged the property amounting to KRW 1.50,000,000.

2. On March 31, 2014, the Defendant: (a) obstructed the business of, and damaged property damage to, the instant construction site on March 31, 2014; (b) moved the container office that the victim D brought back to the entrance of the construction site at the said construction site; (c) obstructed the victim’s site management at a construction site by moving the container office that the victim D brought back to the entrance of the construction site; and (d) obstructed the victim’s management at the construction site by cutting off the telephone lines, electrical lines, etc. installed in the said office in the process so that the amount equivalent to KRW 272,00,000 may be exceeded.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Statement by the prosecution concerning D;

1. The chief of the accusation (in two pages of investigation records);