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(영문) 대전지방법원 천안지원 2017.12.15 2017고정228
업무방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In December 31, 2015, the Defendant was aware of the fact that the Defendant engaged in the business of “A” and “D”, a victim C and a company installing pents manufacturing and installing pents around 2013, but was unable to obtain the pertinent license, and subsequently closed the business around December 31, 2015, and had the victim knew of the fact that he/she opened the business of “E”, which was a sole retail company of civil engineering and construction materials, and attempted to interfere with the operation of “E” by spreading false information.

Accordingly, the Defendant was in fact from May 10, 2016 to May 14:09, 2016, and even if the Defendant was damaged by the victim, or was under investigation by the investigation agency, the Defendant was not under investigation into the victim, the Defendant’s “C” was replaced to the person in charge of F and G business, who is the customer of “E” operated by the victim, even though the Defendant was not under investigation into the victim.

C In relation to fraud and corruption, the victim filed a complaint with the prosecution, and immediately sent the words “to track investigation and tracked all relevant accounts” to the prosecutor’s office or by telephone, etc., thereby spreading false facts over four occasions, such as the list of crimes in the attached Table, thereby interfering with the victim’s business operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol and record book of examination of the witness with respect to C and H;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A statement of each fact by I and J;

1. Application of Acts and subordinate statutes to criminal investigation reports (related to statements by witnesses, excluding H part of statements), investigation reports (related to text messages transmitted by the person under question), investigation reports (related to text messages transmitted by the person under question), and investigation reports (

1. Article 314(1) and Article 313 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the Defendant only talked with the victim’s business partners that “the victim was damaged by fraud, and is expected to file a complaint.”

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