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(영문) 대구지방법원 2013.08.14 2012고정4325
업무방해
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The Defendant invested KRW 30 million in the “EAD” located in Daegu Suwon-gu, operated by the Victim C, but did not pay the profits agreed upon by the victim. As such, the Defendant received a written confirmation from the victim on the transfer of the ownership of goods with the content that the Defendant acquired the ownership of the said private teaching institute, Pianno, etc.

On May 18, 2012, the Defendant: (a) around 17:30 on May 18, 2012, at the pertinent private teaching institute, the Defendant: (b) even though, despite the fact that the victim did not perform a partnership agreement and did not return the investment money, the Defendant: (c) confirmed the price of the Pianno as stated in the said written confirmation; and (d) caused the Pianno trader G to resume the Pianno and open the lid and confirm the price or trademark, thereby allowing the victim to waive the curriculum; and (c) caused the students who received the curriculum to return to the house without receiving the curriculum.

Accordingly, the Defendant conspiredd with F and thereby interfered with the victim's private teaching school lessons by force.

Summary of Evidence

1. Each legal statement of witness C and G;

1. Each prosecutor's protocol of examination of the suspect against the defendant and F (including the part recorded in C's statement);

1. Application of Acts and subordinate statutes to field photographs (51 pages of investigation records);

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 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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