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(영문) 광주지방법원 순천지원 2016.07.13 2015고단1243
업무방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is the pro-friendly type D representative director C (hereinafter “C”) and the victim E entered into a stone transport contract with C on April 14, 2008 and one year from April 14, 2008, and transported the stone using his dump trucks from F, a stone collection station to C, and the Defendant was dissatisfied with the complaint, such as thinking that the Defendant is negligent in performing his duties.

On March 10, 2014, the Defendant: (a) exercised power, such as “if the stones to be supplied to C is transported with a dump truck of the injured party, it will not be paid in the future;” and (b) caused the injured party to not be issued a invoice, which is necessary documents when transporting stone from F to June 2014; and (c) obstructed the injured party’s transportation of stone.

Summary of Evidence

The application of the statute of limitations on each legal statement E and G to the defendant's partial testimony E and G

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant’s act against the victim is a legitimate exercise of legitimate authority, and thus does not constitute “power” of interference with business affairs.

2. However, according to the evidence adopted and examined by this court, the defendant is in a position to be delegated with the authority of the ordinary vehicle from C or to give instructions to the trading company regarding the ordinary vehicle business.

It is difficult to see it.

In addition, if the victim neglected the transportation of building stones or failed to comply with the direction of supervision and thereby causes damage to C, the lease contract with the victim should be terminated in accordance with Article 5 of the lease contract, and the other party to the transaction shall not be allowed to transport building stones.

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