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(영문) 서울서부지방법원 2018.10.26 2018고정375
업무방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

From around December 18, 2014, the Defendant was a member of the redevelopment and consolidation project association for housing redevelopment in the victim B renewal promotion zone from around 2003, but due to the transfer of rights, the Defendant lost its membership.

On April 30, 2016, the Defendant prepared a written resolution at the D office located in Yongsan-gu Seoul Metropolitan Government around April 30, 2016 by stating the Defendant’s name, date of birth, address, etc. in the form of a written resolution for the general meeting of the victim union as if the Defendant was a member of the victim union, and submitted the written resolution to the general meeting of the victim union held at the F community service center located in Yongsan-gu Seoul Metropolitan Government on the same day.

Accordingly, the defendant interfered with the general meeting of the victim union by fraudulent means.

Judgment

Witness

G’s legal statement and record reveals the following: (a) on April 30, 2016, the Defendant was included in the list of union members issued by the victim’s association to the service employee, and the service employee G visited the Defendant and asked the Defendant to prepare a written resolution; (b) the Defendant refused to notify the transfer of rights; (c) however, as long as the G was included in the list, it would be excluded from the subject of the resolution after confirmation by the union; (d) the Plaintiff prepared and changed a written resolution for the convenience of its business; (e) accordingly, the union made a written resolution to respond to the request; (e) however, the union did not re-verification of the fact that the Defendant’s right was transferred; and (e) H who received the right from the Defendant reported a change in rights on around November 2016; and (e) the union also confirmed the change in rights.

According to the above facts of recognition, the defendant submitted a written resolution to the union through service employee G, and at the same time notified the change in his/her rights.

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