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(영문) 의정부지방법원 고양지원 2019.07.11 2019고단296
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2018, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating a specialized credit financial business by the Seoul Central District Court, and the said judgment became final and conclusive on August 24, 2018.

【Criminal Facts】

The Defendant, around June 21, 2018, received the decision to permit the successful bid under the name of the joint investors in Gyeyang-gu C Apartment-gu, Soyang-gu, Yangyang-gu, the name of the joint investors, and thereafter paid 62,050,000 won of the successful bid price around July 12, 2018, and completed the registration of ownership transfer in the above B name around July 23, 2018, and the victim E is a corporation that, from May 31, 2007, G, the representative of the victim company, occupied the above apartment and was exercising the lien after attaching a public notice stating the fact of exercising the right to retention on the bulletin board, etc. of the above apartment building, from around July 23, 2018.

At around 14:00 on June 24, 2018, the Defendant obstructed the Defendant’s exercise of the right of retention by force by force, such as: (a) having the key business operator make a payment to the F-owned digital fishing village; and (b) replacing it to a new digital fishing village after entering the above apartment site; (c) continuing to intrude into the building occupied by the victim; and (d) making it difficult for the Defendant to enter the victim’s employees by changing the fishing village in the above way.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The term "the possession of a provisional disposition of prohibition of interference with possession" means that the object belongs to a person's factual control under generally accepted social norms, and is in an objective relationship that the object belongs to a person's factual control, and the physical and real control of the object is not necessarily necessarily a means that the object is physically controlled, in order to be de facto controlled.

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