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(영문) 서울서부지방법원 2014.02.05 2013고정719
업무방해등
Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

Defendant

B The president of the DF and the defendant A serve as a business director of the DF.

The Defendants were willing to interfere with the victim’s gas sales business by way of systematic failure of F’s LP gas delivery vehicles, etc., when selling LP gas at a lower level than the prices sold by the victim E.

1. On March 11, 2012, the Defendants’ business obstruction: F in Seodaemun-gu Seoul Metropolitan Government, and Defendant B instructed the business employees with whom the said F’s name is unknown to drive a gas delivery vehicle; Defendant A continued to drive a H car with the said delivery vehicle.

Accordingly, the Defendants conspired to interfere with the victim E’s gas sales business by force.

2. Interference with Defendant B’s business;

A. On March 5, 2012, the Defendant continued to have a gas delivery vehicle driven by a business employee, whose name is not known while driving an I car in Seodaemun-gu Seoul, Seoul.

Accordingly, the Defendant interfered with the victim E's gas sales business by force.

B. On March 12, 2012, the Defendant continued to have a gas delivery vehicle driven by a business employee, whose name is not known while driving an I car in Seodaemun-gu Seoul Metropolitan Government, with the Defendant, around March 12, 2012.

Accordingly, the Defendant interfered with the victim E's gas sales business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J and E;

1. Application of Acts and subordinate statutes to photographs attached to a complaint;

1. Relevant Article 314(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 30 of the Criminal Act; Defendant B who choose a fine: Article 314(1) of the Criminal Act; and the choice of a fine

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

1. Defendants to be detained in the workhouse: Articles 70 and 69 of the Criminal Act.

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