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(영문) 대전지방법원 2018.06.29 2017고정1691
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On September 20, 2016, the Defendant: (a) on September 20, 2016, the victim C and the victim were practically operating D Co., Ltd.; and (b) the Defendant agreed to leave the representative director under his name

Since then, the defendant requested the victim to change the representative director, but the victim refused the request, and the victim voluntarily suspended the card with the name of the representative director, and was willing to close the business registration.

1. On March 28, 2017, at around 15:04, the Defendant reported the loss of the Defendant’s agricultural card (F) under the name of the Defendant, which was used by the victim for the purpose of paying various expenses, to the Defendant’s residence located in YAE, by using the status registered in the name of the Defendant, and thereby preventing the victim from using it for business.

Accordingly, the defendant interfered with the victim's D operations by force.

2. On April 18, 2017, the Defendant had been running the business at the Seo-gu tax office located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, that had been unable to issue tax invoices to the victim by arbitrarily reporting the closure of business using the status registered in the name of the Defendant, and thereby preventing the victim from issuing tax invoices under his/her name.

Accordingly, the defendant interfered with the victim's D operations by force.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with regard to C;

1. Application of the electronic tax invoice, theft card photograph, theft card letter, G-type photograph, use of G-type photograph, D-based corporation card card, and application of the statutes governing the settlement of D-based corporation card;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Selection of a punishment penalty);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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