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(영문) 서울서부지방법원 2014.10.29 2014고단870

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the sectional owner of Seodaemun-gu Seoul Metropolitan Government building C, and has been the temporary chairperson of the Provisional Committee for the C Building since 2008.

On September 26, 2009, although the general meeting of the management body of the C building D was held by D as the president of the management body on September 26, 2009, the defendant raised an objection, and the defendant argued that D is the president of the management body.

1. On September 10, 2013, the Defendant: (a) arbitrarily delegated the representative of the management body of the C building in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to change the representative of the management body of the C building from D to the Defendant at his/her discretion; (b) stated “D”, “E”, “C building management body”, and “F” in the business registration number column in the column of the resident registration number; (c) stated “D” in the item column of the delegated person; and (d) forged “D” under the name of the private document related to the certification of facts by means of private action against D in the name following the delegated person column.

2. The Defendant, at the time and place specified in paragraph 1, submitted to the public official under whose name the “the power of attorney for civil petition documents” forged as above was presented and exercised.

3. On September 9, 2013, the Defendant interfered with the business of the Defendant: (a) opened an account under the name of the C Building Management Body (G) from the foreign exchange bank using a unique number issued by the head of Seodaemun-gu Tax Office around November 26, 2008 when the Defendant was in charge of the president of the temporary management body of the C Building on or around the day of Seodaemun-gu Seoul, Seoul; (b) opened an account under the name of the C Building Management Body in his/her own manner by which he/she was the president of the C Building Management Body; and (c) sent a letter, etc. requesting the occupants to deposit the management fee into the said account opened by the Defendant to have the occupants deposit the management fee; and (d) so, the C Building Management Body cannot perform the duty of collecting the management fee.