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(영문) 수원지방법원 2016.05.26 2016고정453
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

On May 2009, the Defendant transferred to F the victim F the right of business of the “E” among the “E” located in Young-gu, Young-gu, Young-si. The Defendant sub-leaseed the above restaurant to the victim, and the said victim operated the above Jung-gu store from May 2009.

On March 2015, the Defendant unilaterally notified the victim of the termination of the sub-lease contract and the transfer of business license of the above restaurant, and then the victim did not respond thereto, the Defendant changed the password of the above account to prevent any person from using the deposit account in the name of the Defendant, a deposit account of the above restaurant, which was used by the victim, and decided to report the closure of business by advertising the fact that the registration of the above restaurant operator was registered in the name of the Defendant.

1. On March 4, 2015, the Defendant interfered with the operation of a restaurant by deceptive means by preventing an injured person from using the said deposit account in a manner that does not inform the victim of the changed password, even though the injured person actually manages and continues to use the said deposit account with respect to the deposit account opened in the name of the Defendant at Hana Bank, Han-si, the Sin-si population, 116, in order to prevent the injured person from using the said deposit account.

2. On June 30, 2015, the Defendant: (a) operated the said restaurant on June 7, 2015, as a unit of the wife population, No. 1161-h. 71; (b) even though the victim still operated the said restaurant, the Defendant filed a false report on the closure of the business with respect to the said restaurant registered in the name of the Defendant; and (c) interfere

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Materials attached to the police suspect examination protocol against the accused;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a certificate of details and a copy of passbook and a detailed statement of suspension of payment of passbook);

1. Article 314 of the Criminal Act concerning criminal facts and the choice of punishment.

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