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(영문) 의정부지방법원 고양지원 2016.12.09 2016고정957

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around November 2, 2015, “C Co., Ltd. (Representative D”)” was subcontracted for reinforced concrete construction works among “HJ Construction Works” out of Goyang-gu G and two parcels of land, Gyeyang-gu, Seoyang-gu, Seoyang-gu, and the Defendant was re-subcontracted from “C Co., Ltd.” as the actual operator of “I Construction.”

On January 18, 2016, around 07:30 on January 18, 2016, the Defendant was unable to enter the construction site of vehicles or workers that are loaded with materials for construction, such as hacks and locks, and controlling the installers of CCTV, etc. at the construction site.

Accordingly, the defendant interfered with the victims' new construction works by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to J police officers;

1. A complaint, evidentiary material, copy of a construction contract, copy of a construction project subcontract, and a transfer certificate;

1. On-site photographs, construction obstruction photographs (the defendant asserts to the effect that he had occupied the construction site on the basis of the right of retention lawfully established at the time. To establish the right of retention, there should exist secured claims, and there should be no special agreement to exclude them. However, at the time the defendant occupies the construction site of this case, the construction site was completed only up to the second floor of the fourth floor building at the time of the occupation of the construction site of this case, and the construction was not completed (the completed portion of the investigation record 112) according to the subcontract agreement between C and the defendant, it is stipulated that the completed portion shall be paid on the last day on the 25th day of each

) The Defendant, by January 5, 2016, received the total construction cost of KRW 70 million as progress payment until January 5, 2016, while demanding the payment of the additional cost.