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(영문) 서울중앙지방법원 2017.02.01 2016고정4038
업무방해등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of B, a corporation established on June 5, 2015, and the victim C (M, 38 years of age) is the major shareholder B, the interest of the representative director of D, and the victim E (M, 35 years of age) is the accounting employee of B.

The victim C operated the corporation D and purchased and sold goods from the white mine located in the corporation. However, since it is difficult to operate the corporation D, it is difficult to make transactions with the name of the representative director of the corporation, the victim C established B by lending the name of the representative director of the corporation, and it was actually operated and traded in 00.

On the other hand, the defendant lent money equivalent to KRW 92 million to the above corporation D. However, unlike the promise of lending the name of the corporation D and the victim C as above, he had the mind to directly participate in the operation of the corporation B as the representative director.

1. Around May 6, 2016, the Defendant was found in the victim E’s residence located in the Eunpyeong-gu Seoul Metropolitan Government F Apartment apartment on May 6, 2016, and the victim’s parents, through the victim’s parents, informed the victim of the password of “B office computer, head of Tong, and certificate of official seal”. Unless otherwise, the Defendant accused the police as embezzlement of company’s money.

Around May 12, 2016, "the internal head of the company is the representative under the name of B, and his/her father has embezzled the company's money, so if he/she does not inform the company's secret number of the passbook, he/she should file a complaint with his/her father.

If the defendant fails to comply with the request of the defendant, he/she filed an accusation with an investigative agency against the victim, or threatened the victim as if he/she would cause any danger and injury.

2. On May 6, 2015, the Defendant: (a) was placed in B’s office located in Mapo-gu Seoul Metropolitan Government building G building 401; and (b) was attached to the said office’s door.

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