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(영문) 수원지방법원 성남지원 2016.06.30 2015고정1357
업무방해
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A was the chairperson of the Sungnam-si E Officetel occupants' representative meeting in Sungnam-si, and the defendant B was the manager of the above officetel, and the victim F is a person who operates real estate with the trade name of "G real estate" on the first floor of the above officetel.

On November 2014, the victim advertised real estate in the front page of the newspaper, stating false Dongs and numbers of such officetelss, and thus, the representative meeting of the owner of the relevant officetel has fallen in the trading price of officetels due to the aforementioned false advertisements by the victim, and the victim raised an objection against the victim. While the corrective advertisement was published by the victim, the dispute between the victim and the representative meeting of the occupants was caused because it does not coincide with the contents of the corrective advertisement required by the resident representative meeting.

Accordingly, from January 1, 2015 to April 30, 2015, the Defendants posted a notice to the effect that the victim’s access to the instant officetel’s bulletin board and the elevator, etc. is prohibited. The Defendants collected access cards from the victim and prevented the victim from having access to the instant officetel’s exclusive residential area, and prevented the victim’s employees from having access to the said officetel’s exclusive residential area, and prevented the victim’s employees from having access to only the customers and from having access to the said employees if they take advantage of the victim’s employees to engage in real estate brokerage.

As a result, the Defendants conspired to interfere with the victim's real estate brokerage business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and I;

1. A protocol concerning the examination of each police officer against J, K, or L;

1. With respect to the copy of a notification, notice, on-site photographs, copies of sanctions against unfair advertisement of a certified broker, G real estate situation, other than the resolution for sanctions against G real estate, and the explanatory materials for residential areas exclusively for E commercial areas;

1. Application of Acts and subordinate statutes to a copy of the management agreement and a copy of resident representative minutes;

1. The pertinent Article of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Each criminal law.

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