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(영문) 서울남부지방법원 2018.04.25 2017고단5572

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, interference with each business relating to the employment of B during the first half of 2016.

Reasons

Punishment of the crime

The Defendant is a person who had worked as F in charge of personnel and employment affairs in D located in Yeongdeungpo-gu Seoul Metropolitan Government from February 3, 2016 to January 7, 2017.

E, around June 13, 2016, formulated the Employment Plan B (G) of the second half of the year 2016, and conducted the screening of documents from June 22, 2016 to June 28, 2016, and conducted an interview from June 30, 2016 to July 1, 2016.

On June 21, 2016, the Defendant: (a) received a solicitation from the president of H I to the effect that “A competent employee, who was an employee of H bank from the H bank funded, requested the preference;” and (b) instructed K to the effect that “A person, who was an employee of H bank funded in connection with the employment of B, was supported by K; (c) he was well-known, and that he passed the J.

K, as a result of the second interview, ordered the applicants in Daegu District to pass the J, which is not L, according to the direction of the above defendant, among the applicants in the Daegu District, the interview score of J is lower than L. In accordance with the above direction of the defendant.

Accordingly, M is a successful applicant list of successful applicants who did not pass the interview scores appraised by C and L, and M prepares a list of successful applicants who passed the interview scores that C and L, and receives the approval from G, who is not aware of the fact after undergoing the interim approval of the defendant, around July 6, 2016.

Accordingly, the defendant interfered with the decision of successful applicants in G B interview by fraudulent means.

Summary of Evidence

1. The part corresponding to the defendant's legal statement

1. The part corresponding thereto among the legal statements of K and M;

1. The parts corresponding to the entries in the I Statement;

1. Statement made by the prosecution against C;

1. An investigation report (in addition to A mobile analysis data related to JN in 2016 lower-class applicants);

1. K pocket book;

1. Application of the Acts and subordinate statutes to a written appraisal (a statement of investigation records 2945 through 2958);

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 313 of the Criminal Act regarding criminal facts, the defendant at the discretion of imprisonment, and his/her defense counsel.