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(영문) 청주지방법원 2018.03.29 2017고정627
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 20, 2016, the Defendant registered the “E” (hereinafter “E”) in the name of the Defendant with the victim C and the Cheongju-si, Seocho-gu, Seoul-si, and jointly operated the instant store under the name of the Defendant. The victim paid KRW 20 million to the Defendant, who is responsible for the operation of the instant store, paid the Defendant the proceeds determined according to the sales amount, and paid the remainder to the Defendant each month, and the victim shall acquire the profits from the sales amount, and a joint agreement was concluded to make a decision upon consultation with the Defendant when changing the customer or the main contractor Newcom, etc.

In accordance with the terms and conditions of the above contract, the victim directly opened the store of this case, and the defendant visited the store of this case at least one to two times each month, and around July 12, 2017, even if the contract with the victim was not terminated normally, the victim voluntarily changed the key of the store entrance's card and deleted the victim's fingerprints so that the victim could not have access to the store.

Accordingly, the Defendant interfered with the victim’s operation of the instant store by force as above.

Summary of Evidence

1. The respective legal statements of F and C;

1. Investigation report (the details of text and written contract with the victim submitted by the victim);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of Article 186(1) of the Criminal Procedure Act, which means the cost of lawsuit

1. The assertion;

A. The substance of a joint business contract concluded between the Defendant and the victim (hereinafter “instant contract”) is close to an employment contract.

In other words, as stipulated in subparagraph 2 Item 9 of the contract of this case, business operators, store lessees, water purifiers, security business operators, cards, passbooks, etc. of this case are all under the name of the defendant, and Me Newcom.

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