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(영문) 대전지방법원 2015.07.08 2015고정209

업무방해

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

The defendant is the operator of C, and the victim D is the operator of E and is in a mutual competition relationship with Kwikset service that the store located in the department store requests.

On October 10, 2014, the Defendant was aware of the fact that the Defendant produced an advertising leaflet stating “- Kwikset, the day’s door-to-day selling price below-)” that the Defendant would reduce the Defendant’s price of selective service, and distributed the advertising leaflet to specific stores, such as F, G oral stores, and H oral stores in the Daejeon-gu gallonian department store, Seo-gu, Daejeon where the Defendant traded.

On October 12, 2014, the Defendant thought that the victim would have lowered the unit price of Kwikset service, and that he would have deducted his customer. The fact is that the victim advertiseded that Kwikset service price at certain stores for the purpose of publicity, notwithstanding the fact that the victim made a discount to all stores located in the above department store, the victim, as if he discounted the service price of Kwikset service for all stores located in the above department store, made a copy of the advertising leaflets produced by the victim while misrepresenting the above gallon department stores and I located in the department store, and distributed the advertising leaflets produced by the victim.

Accordingly, the defendant spreads false facts and interfered with the victim's Kwikset service business.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel argued to the effect that there was no duty to obstruct since the victim did not actually engage in the duty of Kwikset service. However, in light of the evidence below, the victim is deemed to have been actually engaged in the duty of Kwikset service. Thus, the above argument is without merit)

1. Each legal statement of witness D and J;

1. Prosecutions and police interrogation protocol of the accused;

1. A complaint;

1. Application of the Act on the Advertisement Complex;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 313 of the Criminal Act concerning the choice of punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The order of provisional payment;