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(영문) 대구지방법원 서부지원 2020.06.02 2019고정463
업무방해
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1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a constructor who newly constructed a unmanned telecom in Gyeong-gun B or C, and the victim D operates the above unmanned telecom.

On or around November 16, 2016, the Defendant entered into a contract with the victim and the above Maurel with the construction cost of KRW 1,396,950,000, and completed the above Maurel on or around December 21, 2017. The Defendant, on or around May 3, 2018, transferred the Defendant’s right to claim for construction cost to E, a representative director, and notified the victim thereof on or around May 21, 2018, with the trade name “F” from October 2018.

On March 4, 2019, when the Defendant came to know that the auction procedure was in progress at the above telecom access road, the Defendant interfered with the victim’s telecom business by force, such as setting up a banner, which brought one container under the pretext of exercising the right of retention, in spite of the absence of any right by transferring the claim for construction cost, rather than in the situation of occupying the telecom, and by transferring the claim for construction cost.

Summary of Evidence

1. Partial statement of the defendant;

2. Partial statement of the police interrogation protocol of the accused;

3. Statement made by the police against D;

4. On-site photographs of damage caused by the complainant;

5. Application of the construction standard contract and the notice of credit transfer and takeover (the defendant asserts that it does not constitute interference with business since he exercised the right of retention in consultation with the victim, but no particular material exists to deem that he consulted with the victim).

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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