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(영문) 청주지방법원 2014.06.12 2013고정990

업무방해등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of E Co., Ltd. who is in charge of the entrusted management of the “D department store” in the Gu/Si/Gu, considerable from February 2, 2013 to February 2, 2018.

1. Notwithstanding that the victim F, a lessee of the above department store Nos. 1069 and 1070 on October 30, 2013, the Defendant interfered with the business, the Defendant leased the above department store, the Defendant obstructed the victim’s operation of the above department store by force by allowing his employees to control the entrance door of the department store from March 1, 2013 to April 30, 2013 and allowing customers to not enter the above department store.

2. On April 28, 2013, around 23:00, the Defendant damaged the property owned by the victim by allowing G and his/her employees, who are his/her employees, to enter the above clothing store without permission, to enter the room possessed by the victim. On the other hand, the Defendant continued to damage the property owned by the victim by allowing him/her to arbitrarily remove the facilities of the above clothes store equivalent to KRW 7,108,50, the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A copy of each content certificate, a copy of the real estate lease contract, and a quotation;

1. Application of the Acts and subordinate statutes governing H burial photographs;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the overall control over the crime), Article 319(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of intrusion), Article 366 of the Criminal Act (the point of causing damage to property),

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed by the most severe crime of interference with business);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;