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(영문) 수원지방법원 성남지원 2016.07.14 2016고단905
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while operating a cosmetic seller with the trade name “B”, was unable to obtain an opportunity for cafeteria employees to introduce cosmetics to access the cafeterias by allowing access to the cafeterias. On the other hand, the Defendant was willing to enter the cafeterias and sell cosmetics to cafeteria employees by entering the cafeterias as if many employees were to see.

Since then, on March 9, 2016, the Defendant called "E" operated by the victim D in Gwangju-si, Gyeonggi-si on March 15:10, 2016, the Defendant told 20 persons to prepare for a 5-mal, roasting 2-mal, roasting 2-mal."

However, in fact, the Defendant promised to provide false meals to the above restaurant employees for the purpose of selling cosmetics for the purpose of selling them, and did not actually think that the above restaurant employees would hold a ceremony at the above restaurant.

The Defendant had the victim prepare 5 mars in total amount of 385,000 won in the market value, roasting 2 mars in advance, and had the victim incur damages equivalent to the same amount by failing to visit the above mars at the pre-contracted time. From March 9, 2016 to March 16, 2016, the Defendant made a false promise to have the victims inflict damages equivalent to 4,010,000 won in total, as shown in the attached list of crimes, as if they were to use the mars.

Accordingly, the defendant interfered with the operation of the restaurant of the victims by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement and statement by the police of each victims;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314 (1) and Article 313 of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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