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(영문) 서울중앙지방법원 2013.03.11 2012고정6472
업무방해
Text

Defendant

B The Defendant A shall be punished by a fine of KRW 1,200,000, and a fine of KRW 700,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is the representative director of the corporation D who is in negotiations for the conclusion of the lease contract to purchase the Seoul building from the Solomon Savings Bank and lease the C building to the victim, and the defendant A is the representative director of the E corporation entrusted by the victim D with the management of the C building.

The Defendants agreed to exclude the “F” of the existing building management business entity which entered into a contract with the victim for the management of the C building, and transfer the management right of the C building to the E company in charge of the management of the C building. From around 07:00 on April 16, 2012 to around 11:30 on the same day, Defendant B employed five employees of the service company and prevented the employees of the service company from entering the parking lot from accessing the parking lot. Defendant A had the E company employees attach the phrase “in-depth inspection” on the 1 and 3rd period in the parking lot so that the employees of the E company and visitors of the C building are not parked.

Accordingly, the Defendants jointly interfered with the victim's banking business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A real estate sales contract or a comprehensive building management service contract;

1. Full certificate of the matters to be registered (D), full certificate of the matters to be registered (E), full certificate of the matters to be registered ( Solomon Savings Bank);

1. Application of statutes on site photographs;

1. Article 314 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are against the Defendants, the victim does not want the Defendants’ punishment, the Defendants’ criminal records, the form and degree of the obstruction of business of this case, and the circumstances of the crime, etc.

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