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(영문) 서울중앙지방법원 2014.10.07 2013고정5887
업무방해
Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the director of the branch of G Seoul Metropolitan Council, the defendant B, and the defendant D, who was the director of the branch of G Council.

The Defendants, in the victim G, brought by some members including the president H, applied for the suspension of execution of duties and the appointment of acting director against Defendant A, and the litigation for confirmation of non-existence of the position of the president, etc., which led to the occurrence of disputes with the status of the branch president.

Defendant

B and C, between January 2, 2013 and April 17, 2013, in the meeting room owned by the third victim corporation in Yongsan-gu Seoul Metropolitan Government, and the place is a place where members, such as various events or meetings of the victim corporation, etc., are used for the public use, but, “I shall minated the concurrent holding of office by the president of the Seoul Metropolitan City branch of H general president,” and “I shall put a banner which is used for the purpose of public use.” The meeting room shall not be used normally, and Defendant D shall be a full-time employee J and K working for the branch by March 2, 2013, and shall not have access to it.

Accordingly, the Defendants jointly recruited and enforced to interfere with the business of the victim corporation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J, L and H;

1. Copy of corporate register or real estate register;

1. A copy of each decision (Seoul High Court 201Ra11466, 2012Kahap1185, Seoul Western District Court 2013Kahap413, 2013Kahap869);

1. A copy of each judgment (Seoul High Court 2012Na36830, Seoul Western District Court 201Kahap10532);

1. Declaration, etc. of invalidation of a national general meeting of delegates (the first declaration);

1. Floor plan of a third floor and an office floor;

1. Current utilization of conference rooms;

1. Application of each statute on photographs;

1. The Defendants: Article 314 (1) of the Criminal Act and Article 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70 and 70 of the Criminal Code.

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