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(영문) 의정부지방법원 고양지원 2019.07.18 2019고정270

업무방해

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, who runs a construction business under the trade name of “B” and was engaged in the business of developing electric power houses in the Gyeonggi-si, the auction was conducted in C, and the ownership of the development site was transferred to D, and around May 2014, the Victim E acquired the project site and built the electric power house and carried out the sale business.

On November 4, 2018, the Defendant: (a) around 18:30 on the access road to the site for electric source owned by the victim E, which was located in Gyeonggi-si, Gyeonggi-si; and (b) even if from December 2014, the Defendant lost possession of the aforementioned construction site and did not obtain lawful lien, the Defendant installed a container and used a red frame on the wall of the container, thereby allowing the victim to report this article to the Plaintiff, or allowing the occupant to make a claim by putting out the phrase “the prohibition of the use of roads and the payment for the construction cost during the exercise of the right to retention of the construction price,” by putting out the red frame on the wall of the container.

Accordingly, the defendant interfered with the victim's sale of goods by fraudulent means.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to a complaint (including photographs attached thereto);

1. Article 314 (1) and Article 313 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) 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;