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(영문) 수원지방법원 성남지원 2013.05.31 2013고정429
업무방해등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A The regular director of the FF corporation, the vice president of the F corporation, the defendant C is the representative director of G, and the defendant D is the auditor of G of the F corporation.

The Defendants: F Co., Ltd and G Co., Ltd. did not receive construction costs of KRW 1.7 billion and KRW 880,000,000,000, respectively, from Samd Co., Ltd., the owner of the building, even though they did not perform the electrical construction and telecommunications construction of the H building in Seongbuk-gu, Sungnam-si; thus, they conspired to occupy the building

1. On August 6, 2012, the Defendants, in collaboration with I, a deputy head of the FF corporation, opened and intruded with the above room in possession and management of the victims, for the purpose of evading possession, at around 201 Dong 201, around August 15, 2012.

2. On August 6, 2012, from around 15:00 to October 2012, the Defendants jointly occupied a room on the ground of the exercise of the right of retention, despite the request for the voluntary management of H building LB (B) Dong 201, and even though the victims, a building manager, requested several withdrawals, the Defendants occupied the room on the ground of the exercise of the right of retention; and “this building had the honor during the exercise of the right of retention” arbitrarily entered the banner, and interfered with the victim’s affairs by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Act on the Legal Statement of the Witness J

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 319 (1) and 30 of the Criminal Act, and Articles 314 (1) and 30 of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Determination as to the Defendants’ assertion of Articles 70 and 69(2) of the Criminal Act and their defense counsel

1. The assertion;

A. Since the employees belonging to the Defendants were permanently stationed in the instant building during the period of repair of defects and entered for the purpose of exercising the right of retention, the Defendants are victims.

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