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(영문) 서울중앙지방법원 2017.05.11 2016고정3759

업무방해

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A shall be the secretary general of the Village Self-Governing Council, and Defendant B shall be the chairperson of the Village Self-Governing Council.

E Village Urban Development Project Association (hereinafter referred to as "victim's association") is an urban development project association of Seocho-gu Seoul Metropolitan Government on October 14, 2009 with authorization for the establishment of the Seocho-gu Seoul Metropolitan Government Urban Development Project Association.

The Defendants, as the chairperson of the E Village Self-Governing Council without the authorization from the competent authority, and the chief secretary, were willing to hold an extraordinary meeting of the victim association and to elect new officers such as the president of the association by holding an extraordinary general meeting in the name of the victim association, although there were the executives of the legitimate elected victim association.

1. On May 3, 2016, the Defendants: (a) at the E Community Self-Governing Office in Seocho-gu Seoul Metropolitan Government, there was no fact that the victim association intended to obtain a candidate registration in order to elect new executives; and (b) decided to elect executives from the victim association under the title of “Guidance on Application for Election of Executive Officers, such as Head of the Cooperative,” and (c) prepared a notice stating the fact that the victim association would hold an extraordinary meeting with the candidate registration and sent it by registered mail to the members of the victim association.

2. On May 17, 2016, the Defendants advertised the victim’s association’s special general meeting at H hotel’s 3rd floor of H hotel at H hotel on the agenda of the amendment of the association’s articles of association, the president of the association, and the election of executives, etc., under the title of “public announcement of holding of special general meetings” at the office of the above E Village Self-Governing Council (hereinafter referred to as “public announcement of holding of special meetings”), and advertised it at the bottom of the 12th floor of the J Culture Day.

3. The Defendants, around June 1, 2016, prepared in the name of the victim association the book book of “data collection of extraordinary general meeting meetings” at the above E Village Autonomous Council office, and registered to the members of the victim association.