A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 4, 2014, the Defendant was notified of a summary order of KRW 500,00,000 as a result of interference with business affairs by the Seoul Southern District Court, and on October 5, 2016, the Defendant was sentenced to imprisonment with prison labor for four months and a suspended sentence of one year for the same crime in the same court.

Criminal facts

The Defendant is a person who runs a signboard construction business, and the victim C is a person who delivers urban communities, and the victim requested the Defendant to construct a signboard and had the victim do not pay the remainder of KRW 500,000 due to the dispute related to the remaining construction.

On June 20, 2017, the Defendant, at his own office located in Geumcheon-gu Seoul Metropolitan Government, around 17:58, in order to prevent the victim from receiving the payment of the remainder of the construction as above, and thus, in order to prevent the victim from receiving the order of urban acceptance from customers, the Defendant called the victim’s office by using his own cell phone (E:F.) and called the victim’s cell phone and the office phone (vi. number): 689 times in total by using the victim’s cell phone and the office phone (G.) from the victim’s office.

Accordingly, the Defendant interfered with the order and delivery of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Currency details;

1. Filing an investigation report (as to the monetary content analysis, the application of the statute);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) Defendant, under the influence of alcohol, committed the instant crime during the period of suspended execution due to a crime that interferes with another person’s business by force; and (b) the method is also not appropriate.

On the other hand, the defendant renounced the balance of the signboard construction works, compensated for the damage of the victim, and agreed with the victim, and recognized the crime of this case.

In addition, the sentencing conditions, such as the defendant's age, sex, family relationship, criminal records, the background of this case, and the future progress, are imposed.