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(영문) 울산지방법원 2016.09.02 2015고단2342

업무방해

Text

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

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

Reasons

Punishment of the crime

The Defendant is engaged in the operation chairperson of the F, an incorporated association in Ulsan Northern-gu E (hereinafter referred to as the “instant trading complex”).

On November 25, 2013, the Defendant, at the extraordinary general meeting of the instant trading complex, proposed and resolved the agenda items stating that a corporation will borrow loans from Gyeongnam Bank and lend them to its members, and received written consent to provide collateral from its members in order to implement the loans.

However, there are many members who do not consent to the preparation of written consent to the provision of security because there are many illegal loans unrelated to the purpose of the establishment of the corporation. On February 26, 2014, the facts charged in the internal regulations of the instant trading complex at the ordinary meeting of shareholders are "articles of incorporation" but they seem to be erroneous in the internal regulations.

Article 13(6) of the General Assembly shall revise Article 13(6) of the same Act to "a person who denies matters resolved at a general meeting or encourages internal disturbance, and causes interference with the operation of a corporation, deprives of his/her shareholder status and redeems his/her shares at the first sale price in the corporation," and Article 28 of the same Act shall be newly established to "a person who encourages internal disturbance, causes interference with the smooth operation of a corporation, or damages the reputation of the corporation in a corporation (trade complex) without taking advantage of the agenda resolved at the general meeting and the agenda resolved by the operating committee by legitimate procedures (the principle of majority) in conflict with his/her allegations."

Around that time, around April 2014, the content of the change was notified to the victim H of the instant trading complex, which operated the G Motor Vehicle Trading Company, by the resolution of the Steering Committee.

From May 7, 2014 to January 20, 2015, the employees of the instant trading complex and some operating members, including the Defendant, of the instant trading complex, are B and the exhibition hall.