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(영문) 서울중앙지방법원 2017.11.23 2017고정3164
업무방해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

B is the owner of building 1002 in Jung-gu Seoul, Jung-gu, Seoul, and the defendant is the representative director of the Seoul, who is the representative director of the Seoul, who is a person operating the hotel business by leasing a room from 244 out of 286 the sectional owners of the above building.

B and the defendant have been in conflict with each other on the grounds that due to the shortage of hotel business by the defendant, the payment of rent and management fee to each divided owner is overdue.

At around 23:00 on November 2, 2016, the Defendant maintained the entrance door to prevent employees of the management office or the controlled entity entrusted by the management office from approaching the above vessel room (EPS) and installed a new locking device by removing the entry door of the electrical distribution room (EPS) owned by 286 co-ownership owners of the above 40,000 won of the market price.

From that time to November 6, 2016, the Defendant continued to interfere with the management of the building of the said controlled entity by ordering its employees and service companies to make it difficult for employees of the London controlled entity to access the foregoing vessel room (EPS).

Accordingly, the defendant has harmed the utility of others' property, and has interfered with the management affairs of the management office and the employees belonging to the controlled entity by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning the statements made to B by the police and the prosecutor's office concerning the defendant during the interrogation of the suspect

1. A B prosecutorial statement;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 34(1) of the Criminal Act (the point of interference with business), Articles 366 and 34(1) of the Criminal Act (the point of damage to property) of the Criminal Act, and selection of fines for the crime.

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