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(영문) 부산지방법원 2017.06.08 2016고정2534

업무방해

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay each of the above fines, each of them is 100.

Reasons

Criminal facts

Some of the facts charged were corrected.

The redevelopment and improvement project for the housing redevelopment and rearrangement project for the Busan Geum-gu G was first approved on January 6, 2006 by the committee for promotion of the establishment of the Housing Redevelopment and Improvement Project on October 15, 2008, which was designated and implemented as a rearrangement zone on October 15, 2008, but the project was delayed due to the difference and dispute between the landowners due to the decline in the feasibility of real estate economy, etc., and the project was suspended due to the expiration of the term of the existing committee for promotion.

Accordingly, the convening committee of the resident general meeting of the above promotion committee convened a resident general meeting on October 8, 2015 to select members of the promotion committee with the consent of at least 1/5 of the owners of the land, etc. in order to improve the promotion committee whose term of office expires and promote the rearrangement project again.

On the other hand, Defendants and H were those who own land, etc. in the area of the redevelopment and improvement project for G housing redevelopment, and there was a concern that the appraisal of land, etc. may be evaluated as lower than expected, and thus, the establishment of an association may be achieved differently from their intent. As such, Defendants and H were willing to avoid holding meetings of the residents’ general meeting and the promotion committee meeting, which are procedures for

1. On October 8, 2015, Defendants and H interfered with their duties from around 15:00 to around 18:00 on October 8, 2015, at the entrance of the committee for promotion of the establishment of the 4th G Housing Redevelopment and Improvement Project (hereinafter referred to as the “promotion committee”) of the J Saemaul Undong Treasury I located in Geum-gu, Busan (hereinafter referred to as the “promotion committee”), Defendant A, B, and C, at the entrance of the residents’ general meeting, verified the participants in the general meeting using the list of those participating in the promotion committee’s members who enter the general meeting to confirm the owners, such as the land, etc., who enter the general meeting, caused the disturbance. Defendant B, who deducted from the promotion personnel the list of the owners of the land, etc. he possessed from the promotion personnel, and Defendant A and C, who want to receive and find them in order.