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(영문) 수원지방법원 2018.10.23 2018고단2025

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 17, 2014, the defendant, who is affiliated with the Dispute Resolution Co., Ltd., which conducts Internet advertising agency business, had been working as AE which conducts business activities for advertisers, and had been willing to set up an advertising agency by withdrawing complaints against treatment of victims.

On March 31, 2017, the Defendant removed the files managed by the Defendant, such as “the advertising principal information file (the advertising principal company’s name, contact address, e-mail, business activity status, advertisement strategy, etc.)”, “the advertising principal account book,” “information on advertisement operation by advertising principal place,” “information on advertisement key,” and “information on advertisement key and consultation” stored in a computer used by the Defendant in Seocho-gu Seoul Metropolitan Government building D, thereby preventing the victim from responding to the Defendant’s transfer of the advertising principal.

Accordingly, the defendant interfered with the management of the above company by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, F and G;

1. A police seizure protocol and a list of search and seizure of electronic information;

1. Certified copies of each corporate registry, list of e-mail, details of advertising expenses, and the advertiser's list, ID, each H content, data transfer records related to A transferee's data, trace of deletion of A-used computers, data recovery confirmation certificates, online advertisements, advertiser's proposal, weekend business report, submission of evidentiary data (advertising note DB, recording, etc.), e-mail related to handovers, files of handover data, and submission of evidentiary data (determination on the assertion of the defendant and his/her defense counsel);

1. The summary of the argument is that the Defendant, while withdrawing from the instant company, sent to the victim and F a list containing the ID and business name of the advertiser in charge of the Defendant, by e-mail and transferred to the F so that the Defendant can be transferred to the said person.