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(영문) 의정부지방법원 2017.07.06 2015고정389
업무방해
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who manages six stores, such as Gyeonggi-do E (hereinafter referred to as the “instant commercial building”), 101 underground, and the victim F is a lessee who leases the said store to a third party and maintains his/her livelihood with the said store leased to him/her.

Due to the interests and conflicts between the divided minoritys, E was divided into E’(the succession to “Emergency Countermeasure Committee”) and the “Representative’s Meeting,” and the lawsuit was pending against the legitimate “management suspension,” and the controlled entity was divided into (State)G and H(State) and the dispute arising from the receipt of management expenses, such as electric charges, were continued.

On April 3, 2013, the Defendant: (a) obstructed the supply of electricity to the said store through the “Commercial Association” around May 3, 2013, on the ground that the Defendant, around April 2013, intended to start the “EA” house by leasing the above E Nos. 109 and 110 to I; and (b) violated the prohibition of the same type of business under the EA management agreement.

However, although the power of the subdivision under the management agreement is included in “management unit” comprised of all the persons with the right to the subdivisions of E, the situation was that the “management unit” was not organized normally due to the above dispute at the time, and the Defendant was not a person with the right to the subdivisions, and the Defendant was not a person with the right to the subdivisions under the direction of the Defendant, and was not a person with the right to the subdivisions and did not have the right to the subdivisions and did not follow the appropriate procedures, such as the “decision of the representative meeting” for the subdivisions

As a result, the Defendant, without authority, obstructed the victim's store lease contract by force, thereby obstructing the victim's interior work.

Summary of Evidence

In reference, the N's statement No. 14 in the evidence list No. 14 was consented by the defendant as evidence, and the authenticity was not recognized by the N's statement, and Article 314 of the Criminal Procedure Act is applied.

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