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(영문) 대전지방법원 2016.12.08 2016고정473

업무방해

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

B is the representative director of D Co., Ltd., and the defendant is the former director of A Co., Ltd.

On March 28, 2015, at the above company office, Defendant A (E) returned the “E” number plate to the victim F, who moved 14 tons of truck to “E” as the cargo number plate for business use of the above company, by telephone, to the victim F, who moved to the location of the company and changed the number plate, so as not to interfere with the change of the changed number plate by March 30, 2015.

However, in fact, even though the victim was entitled to use the number plate for the business of the above company until June 30, 2015 in accordance with the above consignment management contract, the victim did not intend to deliver the changed number plate even if the victim returned the number plate for the purpose of cancelling the contract.

Accordingly, the Defendants failed to return the changed number plate "G" to the victim, and the victim was unable to perform the transportation business using the said 14 tons truck until the changed registration is made to the individual on July 2015.

As a result, the Defendants conspired to interfere with the transportation of the victim by fraudulent means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and H;

1. Application of the register of automobiles, current status of vehicle ownership, automobile registration certificates, contracts for transfer or takeover of cargo transportation services, automobile rental contracts, tax invoices, entrustment management contracts, and respective statutes certifying contents;

1. Defendants: Articles 314 (1), 313, and 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.