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(영문) 서울중앙지방법원 2019.01.31 2018고단1588
업무방해등
Text

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

Reasons

The summary of the facts charged is that the Defendant, from around May 2007, operated the “C”, the head office of the franchise business, and transferred the right to C business and the right to operate the said “C” website to the complainant D around May 20, 2012. From that time, the complainant operated C and the Defendant was in charge of practical affairs, such as the production of licenses and the attraction of new franchisees.

1. On December 1, 2012, the Defendant interfered with the business of computer, etc., transferred the right to operate and manage C’s website (E) to the complainant while transferring the business to the victim as above. However, on August 201, 2016, the Defendant sent the password to the manager’s account by accessing C’s website to the manager’s account at a non-place in Seoul located in Seoul to arbitrarily change the password and made it impossible for the complainant to access the manager’s account of C’s website.

Accordingly, the defendant caused trouble in data processing by inputting illegal orders into computers and other information processing devices, thereby hindering the operation and management work of the complainant's website.

2. Around July 1, 2017, the Defendant interfered with the business, at the office of “C” located in the Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City, transferred the right to the business of “C” to the complainants as above, the Defendant sent an official notice to the complainants of C’s franchise stores operated by the complainants, stating that “C is merely a business entity entrusted with the right to supply fishery products and is not the head office of the franchise store. C, as if the store is the head office of the franchise store, took 13,000 won away from the market price, and visited the strong book store to take photographs of cooking techniques, thereby infringing intellectual property rights. Each franchise store sent an official notice to the effect that “A’s franchise store operated by the complainants is not a business entity entrusted with the right to supply fishery products, and does not purchase fishery products from C.”

This is the defendant.

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