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(영문) 수원지방법원 성남지원 2013.08.16 2013고정525
업무방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 3, 2006, the Defendant, as the representative director of C Co., Ltd., signed a golf course creation contract with D Co., Ltd. (hereinafter “D”) and 12.65 billion won for construction work, and discontinued construction work due to having received only a part of the construction cost from D and having not received the remainder from D, and entered into a contract for improvement work with the Victim E Co., Ltd. F Co., Ltd. (hereinafter “E”) for the said golf course with the victim F Co., Ltd. (hereinafter “F”) after purchasing the said golf course at auction and for the said golf course’s access road and ancillary facilities, and tried to interfere with the said construction.

1. In collusion with G and H, the Defendant, who is an employee, installed a container at the entrance entrance of the golf course from January 16, 2012 to March 26, 2012, at D golf courses located in Pyeongtaek-gun I, Chungcheongnam-gun, the Defendant obstructed the victim F’s work by force, by installing one container at the entrance entrance of the golf course, installing it on the side, and expanding aggregate for road packing on the street.

2. At around 06:40 on April 18, 2012, the Defendant, in collusion with G, set up a Jcodo Purpose Car and K Roman Car at the entrance of the access road to the golf course, and obstructed the victim E-school business by force.

3. The Defendant conspired with H, from May 8, 2012 to May 15:30, 2012, the Defendant: (a) set up at the entrance of the said golf course, at the entrance of the access road to the said golf course, and obstructed the victim E’s golf course operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of L/M;

1. All on-site photographs;

1. Application of each statute on filing of a complaint;

1. Relevant Articles 314 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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