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(영문) 서울중앙지방법원 2020.04.28 2019고정2612

업무방해

Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Basic Fact-finding 【H organization, as part of the I Modernization Project, planned the relocation of the old existing market building (Seoul K) into the new building (Seoul K), and completed the construction of the new building on October 2015, L Co., Ltd is a subsidiary of H organization entrusted by H organization with the management and operation of the existing market building and the new building.

L Co., Ltd. (hereinafter referred to as L Co., Ltd.) divided the existing market buildings by subdivision and leased them to the market merchants. Since the lease contract expires on March 15, 2016, it demanded the market merchants to leave the existing market buildings and move them to the new building.

On the other hand, some market merchants, including the Defendants, constituted a “M organization” (hereinafter “non-Subrogation”) on the grounds of the reduction of rent size, increase of rent, etc., and were in conflict with the company by refusing to relocate the building to a new building.

【Criminal Facts of Crimes】 On March 8, 2018, at the first floor of the existing I parking zone located in the Seoul J on March 8, 2018, the Defendants issued a disposition of suspending indictment as of September 24, 2019 for the victim N to install a hacks in order to control the entry of the above parking zone on the grounds of the expiration of the lease period and the safety management of the parking zone.

In addition to a large number of non-Subrogation merchants, the victims were sealed and the victim could not install the above chains over about 30 minutes, etc. were exercised by force.

As a result, the Defendants conspired with non-Subrogation merchants, such as the aboveO, and interfered with market safety management such as the control of victim's access by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police interrogation protocol against X, T, S, Y, P,O, Z, Q, U, R, W, AC, V, AE, AE, AF, and AG;

1. Each police statement made to AH and N;

1. The filing of a complaint and the accompanying material thereof (other than No. 10 to 13, 19).