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(영문) 수원지방법원 안산지원 2016.07.19 2016고정470
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

D Mart management body is an association composed of the sectional owners and occupants of "D Mart", an aggregate building located in Ansan-si, an Ansan-si, and the D Mart management unit has a representative committee performing the duty of collecting and executing management expenses for the maintenance and repair of commercial buildings. The defendant was the 18th and 19th chairperson of the aforementioned representative committee (2012 to 2014).

On April 6, 2015, when the victim F served as the 20th chairperson of the above Representative Committee (from June 1, 2014 to May 30, 2015), the Defendant organized the "D Mt Emergency Countermeasures Committee (Safety Countermeasures Committee)" jointly with the merchants who have raised a complaint with the Representative Committee, and had the mind to interfere with the business of the said victim.

According to Article 20 of the Mat Management Rules, the authority to convene a temporary meeting is limited to the chairperson of the representative committee. According to Article 22 of the Mat Management Rules, matters concerning the appointment and dismissal of representative members are matters to be resolved upon at the meeting. The defendant, without regularly convening a meeting, signed the "in the presence of consent to dismiss the victim" from the merchants, etc. of the "D Et" to the "in the presence of consent to dismiss the victim" on May 7, 2015, issued a certificate of contents that "representative committee" is dissolved on the victim's side.

Since the victim was dismissed from office as the chairperson, the defendant convened a general meeting of the representative committee on May 21, 2015 without the authority to convene the general meeting of the representative committee on May 21, 2015 and posted a public notice to the effect that "the defendant was elected as the chairperson under the regular procedure as if he was elected as the chairperson."

The Defendant, around June 2015, was a new bank in the name of the “D Mart Representative Committee” as it was based on the genuine will of the Representative Committee.

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