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(영문) 서울남부지방법원 2014.07.17 2014고정43
업무방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 1, 2011, the Defendant leased the first floor commercial building located in Guro-gu Seoul Metropolitan Government for KRW 7 million, monthly rent of KRW 800,000,000,000. On January 28, 2012, the Defendant leased the leased deposit to the Victim G for KRW 6 million, monthly rent of KRW 90,000,000, and the said G operated the chill Riverhouse. On May 30, 2013, the term of lease with the Defendant and F was terminated.

On June 1, 2013, the defendant requested F to renew the contract, but was rejected, but the victim G was aware of the fact that the victim G entered into a direct lease agreement with F.

Around June 10, 2013, the Defendant found the said chickens, and demanded “H, the son of the said F, who was the son of the said F, deducted from G’s animals to restore to the original state after deducting goods in the son.” From the victim G to June 17, 2013, the Defendant: (a) deducted the goods from the victim G during the period from June 14, 2013 to June 17, 2013; and (b) the Defendant interfered with H’s business by putting the keys at the entrance of the said chickens to the original solution, and (c) interfered with the victim’s business by breaking the keys from June 18, 2013 to October 10, 2013.

Summary of Evidence

1. Each legal statement of witness G and H;

1. The prosecutor's protocol of suspect interrogation of the accused (excluding I statements);

1. Investigation report (report on attachment of lease contract prepared betweenG and F);

1. Application of Acts and subordinate statutes of one copy of a lease contract, commercial lease contract, certificate of deposit transaction record, closure photograph of door-to-door entrance, photograph, lease contract;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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