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(영문) 대구지방법원 2018.02.08 2017고단3273
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant was a victim D Co., Ltd., a “domestic travel-related or history experience company,” and was retired from the victim company around November 2, 2015, the Defendant obstructed the victim’s travel business by leaving the victim company without permission by force by eliminating 17 copies and 31 files without permission, which are stored in the victim company’s public computer owned by the Defendant at the victim company’s office located in Daegu-gu, Daegu-gu, and the third floor around November 5, 2015.

Summary of Evidence

1. Legal statement of witness F;

1. F statement concerning the defendant in the protocol of interrogation of suspect against the prosecution;

1. Statement made by the police with respect to F (including attached documents);

1. Investigation report (Partial submission of data for restoration of the complainant), investigation report (Abstract of statement);

1. The defendant and his defense counsel asserted to the effect that the defendant removed the above Pool and files related to the operation of the victim D Co., Ltd. (hereinafter collectively referred to as the "the files of this case") from among his personal files on the computer he used by the defendant at retirement, so there was no intention to interfere with the business, and that the defendant did not actually interfere with the business of the victim company.

In the crime of interference with business, the criminal intent of interference with business is not necessarily recognized as the purpose of interference with business or planned interference with business, but it is sufficient to recognize or anticipate the possibility or risk of causing interference with business of another person due to his own act, and its recognition or prediction is not only conclusive but also indefinitely recognized as willful negligence.

In addition, the "power of force" of the obstruction of business is a type of force that may cause the suppression and confusion of the free will of people.

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