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(영문) 춘천지방법원 2015.10.29 2015고정274
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On January 20, 2014, the Defendant: (a) as the representative director of C (hereinafter referred to as “C”); (b) was subcontracted to KRW 2,737,900,000 of the construction cost of reinforced concrete construction among the said new construction works; (c) on March 26, 2014, C was unable to receive construction cost equivalent to KRW 1,180,000,000 from F, and around April 8, 2014, C was decided to consult with the victim D (hereinafter referred to as “victim”) about the possession of the said building that was newly constructed to exercise the right of retention, and rescinded the said construction work on April 8, 2014.

Since then, the Defendant, upon the conclusion of the negotiation with the victim company, terminated the above contract with the F and concluded a contract with H on May 22, 2014 to resume the construction of the said building, requested the J operating the F and C to pay personnel expenses on the ground that the victim company would have provided human resources to the J operating the I who had not received wages of an amount equivalent to KRW 54,00,000,000, which was not paid by F and C, to exercise the right of retention. In addition, the Defendant was willing to interfere with the progress of the work of the victim company under the pretext of exercising the right of retention for the unpaid construction cost, etc.

Accordingly, the Defendant, in collusion with the above J on July 15, 2014, from around 07:40 to 17:00 on the same day, issued a new construction site for the building of the said club, gys, and gysium, which was newly constructed on the land outside the K of Gangwon-gun, Hongcheon-gun, and one parcel of land, and ordered the Plaintiff to exercise the right of retention by moving the L regular director of the L and M management department and the N site manager of the above building and occupying the above building, and the said L, M, and gysium 10 persons of the above L, M, and I, who had been subcontracted with the H to the said building.

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