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(영문) 부산지방법원 2012.11.28 2011고단7127
업무방해
Text

1. Defendant B, D, E, G, H, I, and J shall be punished by a fine of KRW 5,00,000,000, Defendant A, C, and stock companies, respectively, and KRW 3,00,000,00.

Reasons

Punishment of the crime

Defendant

C The representative director of Q (hereinafter “ Q”) for the purpose of sales agency business, etc., Defendant E and Defendant D were the directors of the above Q development division, Defendant B’s director of the above Q technology division, Defendant F were the employees of the above Q Q in charge of the employment and management of the daily worker.

On the other hand, Defendant G is an operator of R Co., Ltd. (hereinafter “R”) and S Co., Ltd. (hereinafter “S”) for the purpose of the implementation and sale of apartment units. Defendant A is the head of the customer management team (department level) of the above S. The head of the customer management team (the head of the division) and Defendant H was a former internal director at the time of the L Co., Ltd. (hereinafter “L”) entrusted with the duties of apartment security service from the above R. The head of the above L’s site office, Defendant J is the above L’s head of the above L’s site office, and Defendant K is the above L’s employee.

R and S respectively executed and constructed “V” apartment units with a scale of 2,866 households in Busan Gangseo-gu U.S., and received approximately KRW 30 billion from 13 financial institutions, such as KB Bank, around November 24, 2005. Since approximately 866 households of the above apartment units were unsold in lots, the operation fund was insufficient, and around November 27, 2009, they entrusted the above unsold apartment units to trust companies, such as KB real estate trust, living real estate trust, etc., but eventually failed to repay the loan by the maturity date.

Accordingly, on October 1, 2010, the first beneficiary of the trust contract, such as KB Bank, notified R and S of the "Loss of Benefit of Time". On October 8, 2010, KB real estate trust delegated the right to preserve the collateral to Q in order to exercise the security right upon the request of the bond group.

After that, Q has requested R and S to withdraw and transfer unsold apartment units in a commercial building on several occasions, but R and S did not deliver the entrance doors of unsold households to Q and not only the unsold apartment buildings used as the sales office, etc.

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