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(영문) 수원지방법원 성남지원 2019.09.20 2018고정1303

업무방해

Text

Defendant

Sentence A and B shall be suspended, respectively.

Defendant

C. The summary of the judgment on Defendant C is not guilty.

Reasons

Punishment of the crime

Defendant

A, the chairperson of the E Steering Committee, a welfare house for the aged in Seongbuk-gu, Sungnam-si, and the defendant B, who are employed as the chairperson of the E Management Fee Acceptance Committee, have continuously raised an objection to the composition of the executive of the victim's council or the method of using the management expenses, etc., which is a local government of E, which is a resident of E, and have conspired to interfere with the affairs of collecting the management expenses of the victim by the Management Fee Acceptance Committee established by the victim who is not the victim

Defendant

On May 17, 2017, A and B distributed a notice on the current status of complexes in the name of the chairperson of the E Steering Committee and the chairperson of the E Management Fee Acceptance Committee to the effect that "the council of occupants' representatives is not a legitimate representative body of E, and the management expenses for February and March 17 were legally imposed and collected from F Co., Ltd., a controlled entity, and that "the management expenses for E, including the management expenses received from F, shall be paid to the management and supervision of E," and that "the management expenses shall be paid to E in the future."

However, the above defendants were well aware that the right to collect management expenses of E belongs to the victim who is the local government of residents, and the F and the management expenses takeover committee of F and the management expenses are not entitled to collect management expenses from the occupants.

As a result, Defendant A and B conspired to collect management expenses for the victims E residents by fraudulent means.

Summary of Evidence

1. Each legal statement of the defendant A and B

1. Each police suspect interrogation protocol concerning G;

1. The prosecutor's statement concerning H;

1. Each police statement of H;

1. A complaint, a written accusation, a written complaint, and a written statement;

1. A petition of appeal, a statement of opinion by the appellant, a supplement of reasons for appeal, a certified copy of the decision, submission of relevant documents, submission of evidentiary materials, record, record of decision on provisional disposition, each notice, power of attorney, and each letter;