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(영문) 서울동부지방법원 2013.10.11 2013고정770
업무방해등
Text

Defendant

A A shall be punished by a fine of eight million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ co-principals Defendant A succeeded to the lessor’s status of the Eart ground 7,88.10 square meters (6,603.12 square meters after the alteration contract) leased to lessee’s Korean Racing Association by setting the lease lease period between June 15, 2001 and June 14, 201 as ten years from June 15, 201.

Defendant

On September 1, 2011, A agreed to negotiate with the Korean Racing Association by September 30, 201 as an agreement between the Parties, and notified the Korean Racing Association as of September 28, 201, of the fact that it has concluded negotiations on re-contracts and refuses to lease. On October 5, 2011, A performed restoration work of the object of the lease from around October 5, 201 to its original state in accordance with the said lease agreement.

However, the above agreement of September 1, 201 includes the provision that “if the negotiation is concluded, it shall be restored to the original condition immediately on September 30, 201, on the subject matter of the lease on the part of the Korean Racing Association, and if the defendant does not immediately restore it, he/she shall be reimbursed on the side of the Korean Racing Association the amount of the expenses he/she restored to the original condition.” On December 5, 2011, the Defendants conspired to act on behalf of the human parts of the construction site where the Korean Racing Association is proceeding on the seventh and eighthth floor of the Eart building in question, “if the negotiation is conducted without permission of the South Korean Racing Association, she will perform construction works without permission.” The Defendants interfered with the restoration of the original condition of the Korean Racing Association by taking corrective devices at the entrance of the construction site so that the construction workers may no longer have access.

2. Defendant B’s interference with Defendant B’s business on December 2, 201, at the seventh and eighth floor of the Eart building as indicated in the foregoing paragraph (1) above, the construction site at which the Korean Racing Association is proceeding, and the construction workers and the marina and the workers of the society, “I am off without D. B. I will be prevented from entering the construction site.”

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