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(영문) 서울북부지방법원 2014.12.23 2013고정2742
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant suffered property damage, as the chairman of the council of occupants’ representatives of the Seoul Special Metropolitan City, Nowon-gu apartment (hereinafter “instant apartment”) around April 2013, the council of occupants’ representatives of the instant apartment consisting of 18 Dong representatives.

The apartment building of this case was under negotiation with the contractor on the repair of the 10-year defect. However, on March 22, 2013, three persons, such as D, the representative of the 122 unit unit unit of the apartment of this case, were elected as negotiating members at the regular meeting of council of occupants' representatives.

around April 9, 2013, 13 representatives, including the above D, shall be held at the management office around April 12, 2013, in writing, at the council of occupants' representatives located on the second floor of the apartment complex management building of this case, with the "10-year defect negotiation case" and "case of the 10-year defect compensation lawsuit" as an agenda item, to hold an extraordinary meeting.

Before April 9, 2013 or around April 10, 2013, the above facts were reported to the defendant.

On the other hand, on April 10, 2013, the Defendant, who did not search for the activities of the negotiating committee, announced that the council of occupants’ representatives held an extraordinary meeting on April 11, 2013 on the apartment bulletin board of the instant case at around 19:30, and 13 representatives, such as D, were unable to pay time during the said temporary meeting, and could not hold a meeting.

On April 12, 2013, the Defendant came to know on April 12, 2013 that 13 representative of the same Dong such as D, etc. want to hold an extraordinary meeting at the council of occupants' representatives, the Defendant replaced the locking device for the entrance of the council of occupants' representatives, and decided that 13 representative of D, etc. failed to hold an extraordinary meeting at the council of occupants' representatives.

The Defendant, between April 12, 2013 and 16:00, around 15:00, before the entrance of the council of occupants' representatives located on the second floor of the apartment management building of this case, opened a locking system at the entrance of the council of occupants' representatives on the market price, which is the joint ownership of the occupants of the apartment of this case, by removing the locking system at the entrance of the council of occupants' representatives, and as another locking system.

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