업무방해
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) around January 25, 2005, the Defendant leased the lease contract to E with the authorization of the establishment from the head of the education office of the Gyeonggi-do Incheon Metropolitan Office of Education with respect to “D kindergarten” located in Yeongdeungpo-gu Seoul Metropolitan Office of Education; and (b) on February 28, 2014, the Defendant renewed the lease contract from February 27, 2015 to the Seoul Guarantee Insurance Co., Ltd. by means of not extending the guarantee insurance contract for urban gas fees subscribed in the name of the Defendant.
4. By the present 15th day, the supply of urban gas to the D Kindergartens was suspended, thereby obstructing the operation of the E kindergarten by force.
2. The defendant's assertion is that the defendant exercises legitimate authority in light of the freedom of contract, and the defendant's act does not constitute force, and constitutes a legitimate act under Article 20 of the Criminal Act, and there is no causation between the defendant's act and the suspension of
3. Facts of recognition based on records.
A. On August 6, 2004, the Defendant concluded a kindergarten operation agreement with the effect that D kindergarten buildings shall be leased from February 28, 2005 to E by setting the deposit amount of KRW 400 million, monthly rent of KRW 12 million, and the term of lease from February 28, 2005, and then renewal of several times of a contract. Ultimately, on February 2013, the Defendant concluded a kindergarten operation agreement with the effect that it shall be leased by setting the deposit amount of KRW 300 million, monthly rent of KRW 12 million, and the term of lease from February 28, 2013 to February 28, 2014.
B. As of February 2014, E did not pay a total of KRW 51,50,000 as of the end of the contract, and the Defendant expressed from October 2013 to E that he did not wish to renew the contract after the expiration of the contract period.
C. Around February 28, 2014, the Defendant requested E to order the purchase right, the right to return unjust enrichment, the right to claim for return of lease deposit, and the right to claim for damages against E, which are the right to claim for the purchase of attached things, the right to claim for return of unjust enrichment, the right to claim for return of lease deposit, and the right to claim for damages against E, from March 2014 to the Suwon District Court 2014Kahap14453. < Amended by Act No. 2014, Nov. 1, 2014>