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(영문) 대구지방법원 경주지원 2016.09.28 2015고단479
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant served as the “E” CAD team leader for the operation of the victim D in the racing-si, the Defendant, who was released from the office due to the conflict with the management of the said company. On May 12, 2014, the Defendant arbitrarily deleted the file of the drawings of the transaction companies stored in the computer used by the Defendant at the above E office without transfer to the victim.

Accordingly, the Defendant interfered with the business of the victim by force.

Summary of Evidence

1. Each legal statement of witness D and F;

1. A complaint, a written confirmation of facts, each written complaint (G Preparation shall be admissible as evidence under Article 314 of the Criminal Procedure Act), drawings by ordering company, and a list of orders by ordering company;

1. Investigation report (to telephone conversations with a witness H), investigation report (to listen to a statement by a witness H) (the defendant and his/her defense counsel). (The defendant and his/her defense counsel did not intentionally delete any file of the drawings of the transaction company and intentionally delete them;

Even if a drawing file is available for a backup, it does not interfere with the victim's business, and rather, if the victim's business was obstructed, it is not due to the deletion of the drawing file, but due to the deletion of the program of "CAM."

In light of the following circumstances acknowledged by the legitimate examination of evidence of this Court, namely, H’s statement to investigation agency, and other statements and circumstances corresponding thereto, the Defendant intentionally deemed to have deleted E’s drawings. The crime of this case is not related to the removal of CAM program, but related to the removal of drawings files, and the Defendant’s deletion of a single copy file, and the Defendant’s removal of a single copy file, the Defendant’s restoration through a white file, request the requesting company to provide a re-issuance, or the Defendant’s aforementioned removal of a completed copy file by a closed expert as the Defendant.

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