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(영문) 대전지방법원 2013.04.19 2012고단3799

업무방해등

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of E Co., Ltd and F Co., Ltd. who is the Seo-gu Daejeon D Hotel operator, and Defendant B is the auditor of F Co., Ltd.

1. Defendant A

A. On February 11, 2012, the Defendant causing property damage: (a) around 20:00, the Defendant borrowed an amount equivalent to KRW 34 billion from a commercial bank in the annual meeting of the victim G management of the fourth-class D hotel in Seo-gu Daejeon, Daejeon, with the construction of D hotel; and (b) failed to pay interest on the loan to a commercial bank; and (c) failed to negotiate on the issue of payment, such as management expenses, etc. because the victim failed to pay monthly rent, management expenses, etc., but refused to do so; (b) thereby, the Defendant damaged the amount equivalent to KRW 220,000,000, such as the glass and the houseing of the food display glass line in the above annual meeting.

B. On April 24, 2012, from around 07:30 to 18:00, the Defendant: (a) provided that at the entrance of the said D hotel 1 floor and the underground parking lot, the victim G operating a wabbing hall on the fourth floor of the said hotel did not pay monthly rent and management expenses, etc.; (b) controlled the above hotel entrance by mobilization of 10 employees of the guard-hobing service company; and (c) by blocking the entrance of the underground parking lot with a car, many unspecified customers are prohibited from entering the Hague-based business site operated by the victim H for about 10 hours, and the wabing hall operated by the victim G on the fourth floor of the said hotel.

Accordingly, the defendant interfered with the business of the victims' stores by force.

2. Defendant B, around 09:00 on February 13, 2012, at the 4th of the above D hotel, the victim G did not pay management expenses, monthly tax, etc. on the same ground as the above paragraph (a) of Article 1, thereby hindering the victim’s operation affairs by using the water pipe pipe installed in the ceiling, and by force within the ceiling, thereby hindering the victim’s operation affairs.

Summary of Evidence

1. Defendant A’s partial statement, Defendant B’s legal statement.