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(영문) 부산지방법원 동부지원 2014.11.27 2014고정222

업무방해

Text

Defendant

A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a representative of D, and Defendant B is a member of D.

E as the representative director of the victim FF corporation, while carrying out the project for the construction, sale, etc. of the apartment building G G G G G G G G in Busan, H and I had occupied the lessee of the G building without permission from the competent authority to recover the claim, and managed the lease deposit, rent, etc. in D.

As a result, the victim F Co., Ltd. was unable to carry out the project normally due to the prior occupancy of the victim F Co., Ltd.

Accordingly, on January 30, 2012, E received a decision to deliver a building against J, etc. from the Busan District Court's Dong Branch of the Busan District Court on February 14, 2012 and applied for compulsory execution against the lessee to the Busan District Court's Dong Branch's branch's branch's office.

1. On July 10, 2013, Defendant A around 09:39, in order to enforce compulsory execution against the transfer of real estate by the Busan District Court’s Dong Branch Support Execution Officer K, etc., in the G apartment site of the Busan District Court, Defendant A was unable to drive and park close to the entrance of the G building and interfered with the implementation project, such as application for the approval of the victim’s use, by force.

2. Defendant B, at the same time and place as in the preceding paragraph, interfered with the implementation project, such as applying for approval for use of victims, by force, by failing to enter the apartment, such as the execution officer, etc., with a view to helping the enforcement officer to compulsory execution.

Summary of Evidence

1. Each legal statement of witness E and K;

1. The Busan East Branch Support 2010dan27047 decided and certified Institute, etc.;

1. Text of decision on N (for enforcement) for Busan East Support;

1. The execution of Busan East Branch Support and the application of the law of the protocol of non-delivery of real estate;