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(영문) 서울중앙지방법원 2015.08.19 2014고정5729
업무방해등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a victim C's external bureau.

1. On April 2, 2014, the Defendant defamationd the victim’s reputation by openly pointing out facts by stating that “C has sold and sold its house, has not repaid any debt, has not repaid any debt, and is a fraud has been replaced,” in the context of the “E Health Center,” which is run by the victim located in Dongjak-gu Seoul Metropolitan Government D, and that “C has sold and sold its house, has not repaid any debt, and is a fraudulent change.”

2. The Defendant causing property damage: (a) before “E Health Center” operated by the victim on the date stated in the preceding paragraph; (b) on the ground that there was a lack of debt repayment from the victim; (c) on the ground that the market price, which was the victim’s possession before the above Health Center, was put in hand, and (d) the drug materials in question were not scattered on the floor, thereby impairing its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. F's factual confirmation;

1. The loan certificate;

1. Application of Acts and subordinate statutes to explain the damage, photograph, and summary damage to property;

1. Relevant Article 307(1) of the Criminal Act and Articles 366 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the point of interfering with business) of the provisional payment order;

1. The Defendant: (a) around 17:00 on March 31, 2014, the facts charged: (b) stated that the “E Health Center” operated by the victim in Dongjak-gu Seoul Metropolitan Government D, and that the victim did not repay KRW 30,000,000,000 from the victim’s loaned; (c) and (d) stated that the Defendant paid money to the said Health Center for a approximately two-hour period, thereby obstructing the victim’s health center’s business operation.

2. Taking full account of the following circumstances admitted by the evidence of the judgment, the Defendant’s act of entering in the facts charged is the money borrowed from others.

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