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(영문) 대전지방법원 홍성지원 2015.02.16 2013고단1056

사기등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[2013 Highest 1056] The Defendant was a person who had operated a D factory located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun. On November 9, 2009, the Defendant entered into an investment agreement with the victim E to return KRW 500,000,000 until May 1, 2010 and to replace the representative director at the time of the replacement. Accordingly, on November 30, 2009, when the representative director of the said company was in the name of the victim’s wife, the victim was operating the said Kim processing factory under the name of the victim’s wife, and the victim was in the name of the victim’s wife.

On May 2012, the Defendant received a demand from the victim to transfer to the Kim Processing Factory, claimed the ownership of groundwater used in the above factory, and demanded the suspension of the use of groundwater, but the victim refused it, and was willing to block the electricity of the factory to interfere with the Kim Production by blocking the electricity of the factory.

1. On March 28, 2013, around 18:00, the Defendant, at the above Kim Processing Factory, suspended the operation of the factory for about three hours, and obstructed the Defendant’s Kim Production by force.

2. At around 13:00 on March 29, 2013, the Defendant cut off electric wires of measuring instruments connected with underground water and seawater and interrupted the victim’s Kim Production by force by cutting off electric wires for about 4 hours, which are linked to underground water and seawater.

3. At around 18:00 on April 2, 2013, the Defendant cut off electric wires of measuring instruments connected with underground water and seawater and interrupted the victim’s Kim Production by force by cutting off electric wires for about one hour, which are linked to underground water and seawater.

4. On April 3, 2013, at around 10:00, the Defendant cut the electric wires of measuring instruments connected with underground water and seawater, and cut off the factory operation for about 5 hours, and thereby, generated the victim’s Kim by force.