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(영문) 서울동부지방법원 2020.09.17 2020고정90
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a law firm driver as B (business owner C) and is affiliated with the head of the D Audit Office and the Gangwon-do Branch. The complainant is a new owner of the building (the underground first floor and the ground eighth floor) in Gwangjin-gu Seoul Special Metropolitan City.

At around 07:30 on November 23, 2019, the Defendant found the construction site of the said new building. On or around August 19, 2019, the Defendant was requested from the subcontractor (G) to perform the construction of pumps and claimed KRW 900,000,000 for the 3rd floor slives costs. The Defendant did not receive KRW 400,000,000,000,000 (including value-added tax, KRW 990,000,000,000,000) from the owner of the said new building. On the ground that: (a) the Defendant was in arrears and requested from the subcontractor (G) to perform the construction of pumps; and (b) the Defendant was required to charge KRW 500,000,000 for the 3rd floor slives cost; (c) the Defendant sent 90,000,000,000,000 won to the owner of the said new building.

The Defendant, who was aware of the fact and had been working at the above site, had the PPcar Articles J of the Ddongnam Site Articles, an incorporated association, “I will not work at the wage site” and the above construction was suspended by displaying the word “emergency prohibition of the delayed payment site” under the name of the head of the Gangwon-do Branch, thereby obstructing the above construction, thereby obstructing the construction of concrete typology in the parking lot by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E andJ;

1. A copy of text messages;

1. On-site photographs;

1. Application of the attached Acts and subordinate statutes, such as the Articles of Incorporated Association D;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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