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(영문) 부산지방법원 서부지원 2020.02.06 2018고정557

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of H Co., Ltd. who contracted with the victim B representative C, and contracted with the Gangseo-gu Busan Metropolitan Government D building and G neighborhood living facilities contracted by the representative EF.

1. From December 6, 2017 to December 22, 2017, the Defendant committed the crime against Victim B, the Defendant: (a) attached a mark stating the phrase “in the exercise of the right of retention” in red in white in the first floor of the I building owned by the victim B, which is located in Gangseo-gu, Busan; (b) had no legitimate right of retention on the outside windows of the I building owned by the victim B; and (c) had a real estate broker and lessee’s access to the said commercial building by correcting the entire entrance of the building to lease the said commercial building.

Accordingly, the Defendant interfered with the leasing of real estate and the management of buildings by force.

2. From December 6, 2017 to December 22, 2017, the Defendant: (a) placed a sign indicating “in the exercise of the right of retention” on the first floor of the J-owned building E, a stock company in Gangseo-gu, Busan, on a white ground without a legitimate lien; and (b) prevented the entry of real estate brokers and lessees to rent the above commercial building by correcting the entire entrance of the building.

Accordingly, the Defendant interfered with the leasing of real estate and the management of buildings by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K, L and M;

1. Each peremptory notice;

1. Marking photographs from among the exercise of lien;

1. According to each waiver of the right of retention and the evidence duly adopted and examined by this court, the defendant may waive the right of retention. Since the waiver of the right of retention has a detailed effect, the right of retention is granted not only to financial institutions but also to all the victims, including victims.