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(영문) 청주지방법원 충주지원 2016.01.05 2015고단533
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is engaged in the construction business, was awarded a contract for the new construction of multi-household housing from the owner G of the land owned by the 660 cubic meters of forests and fields F in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”), and was not completed by G while G died, and went out of the building of the said completed multi-household housing (hereinafter “multi-household housing of this case”) on March 2015, while exercising the right of retention on the said multi-household housing building (hereinafter “multi-household housing of this case”) without receiving any amount equivalent to KRW 300 million for construction cost.

On the other hand, on May 28, 2014, the Defendant lost the lawsuit, such as the transfer of land, filed against the Defendant by H (actual representative I) and J&L Co., Ltd. at the Cheongju District Court, and the judgment was finalized by the Supreme Court on September 24, 2015.

On May 2015, H and Jin L&C Co., Ltd. were co-owners of the instant land awarded a successful bid, and had dong Construction Co., Ltd complete construction of the instant multi-household housing upon entering into a contract with Hadong Construction Co., Ltd., and had it complete construction of the instant multi-household housing. In order to obtain construction cost that did not receive from G from the said new landowners from G, the Defendant was aware that he could no longer claim a lien, and had the Defendant illegally occupied the instant multi-household housing by illegally occupying the instant multi-household housing and claimed a lien, thereby preventing the progress of construction.

On September 7, 2015, the Defendant: (a) at the construction site of the instant multi-household housing; (b) the J, etc. arbitrarily enter the instant multi-household housing and illegally occupied it; and (c) caused L, etc. to suspend the construction of the instant multi-household construction by thrown away the site to prevent the victim N from carrying out any construction work any longer; and (d) on October 24 of the same year, the Defendant installed a steel structure on the entrance side of the entrance of the entrance and obstructed the entrance until November 24 of the same year.

Accordingly, the Defendant is a multi-household house from September 8, 2015 to November 24, 2015.

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