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(영문) 서울남부지방법원 2016.11.10 2016고정2058
업무방해
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A on July 15, 2015, a person elected as the chairperson of the steering committee organized by the temporary representative meeting of the Yeongdeungpo-gu Seoul Metropolitan Government Office Office Officetel, and Defendant B is a person elected as the vice-chairperson.

On December 24, 2015, the Defendants conspired with each other to collect management expenses of the above officetels, and even though they did not have the authority to collect them, Defendant B obtained the approval of Defendant A, Defendant B sent to the 238 household units of the above officetel occupant, a notice of management expenses stated as “Receiving Bank D: National Bank D: Deposit Holder: Law Firm E: the Steering Committee will find out the facts of the management body’s representative F’s criminal act and make efforts to manage C’s transparency by mail, and thereby interfere with the business of collecting office management expenses of the victim F, the legitimate manager of the above officetel by fraudulent means.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of a notice of management expenses and a notice;

1. Relevant Articles 314 (1), 313, and 30 of the Criminal Act concerning the crimes and the choice of punishment. Article 314 (1), 313, and 30 of the Criminal Act

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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