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(영문) 수원지방법원 2012.09.13 2012고정614
업무방해
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is as follows: (a) around March 201, the Defendant advertised D Middle Schools and Seosan Viewing, which are located in Chungcheongnam-si, Chungcheongnam-do; (b) around March 201, the Defendant distributed false information to the victim’s bid by delivering an advertisement with the “Korea Gaggggg-gu,” etc., the construction site of the victim’s penp, which is a competitor company, on the construction site of the victim’s penp, and thereby obstructing the victim’s bid by spreading false information.

Judgment

The facts that the Defendant delivered the advertisements as stated in the facts charged to the public officials in charge and the evidence submitted by the prosecutor alone revealing false facts that the Defendant executed the construction site of the victim company through the Pamplet.

It is insufficient to recognize that the Defendant “disseminating false facts” as prescribed by the crime of interference with business, and there is no other evidence to acknowledge it.

Therefore, since the facts charged in this case constitute a time when there is no proof of crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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