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(영문) 수원지방법원 평택지원 2019.07.26 2018고단140
업무방해등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two years for a crime of Article 2 of the Judgment.

Reasons

Punishment of the crime

"2018 Highest 140"

1. The defendant interfering with the business shall be the president of the clan B.

around July 2016, the defendant returned the seal imprint of the above clan to the members of the clan in charge of finance, and even though he was well aware of the fact that he had the seal imprint of the clan, he interfered with the business of the clan, such as distributing 800 million won compensation to the members of the clan by force by reporting falsely the loss of the clan funeral from the F head office located in Pyeongtaek-si E around July 18, 2017.

"2018 Highest 1634"

2. On December 8, 2016, the Defendant is a clan member of the Victim B clan (hereinafter “victim’s clan”) who was sentenced to a suspended sentence of two years on December 16, 2016, for the crime of occupational embezzlement in the Suwon District Court’s member, for whom he/she was sentenced to a suspended sentence of two months for the crime of occupational embezzlement.

Around October 8, 1970, H and I conducted a title trust with respect to 5,791 square meters of G forest land (hereinafter “G land”) owned by the victim’s clan from the victim’s clan in Ansan-si. However, on December 31, 1971, H, upon J’s entry into the said land as the co-ownership of the said land, finally, came to have a title trust with the victim’s clans of KRW 1/3 of the G land, and died on June 6, 2004.

Accordingly, among G land, the 1/12 shares of the defendant, K, L, M 3/108 shares, N,O, and P inherited 2/108 shares from H. As such, 7 persons, including the defendant, have kept 1/3 shares of G land for the victim's clan.

Q has expropriated G land on October 13, 2010 and, after designating Defendant, K, L, M, N,O, and P as a depositor, and deposited KRW 138,468,650 as a deposit in Suwon District Court Pyeongtaek Branch. As such, seven persons, including Defendant, were in custody for the victim’s clan.

Seven members including the defendant are the victims of the above clans.

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