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(영문) 부산지방법원 2016.02.17 2015고단3774
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “D”) who performs duties such as real estate development and services.

On May 14, 2014, the Defendant: (a) concluded a contract with the victim F (one person G) who was promoting the construction of a housing association for the construction of a new apartment in Busan Seo-gu and 66 lots of land; and (b) entered into a contract to transfer D’s stocks and management rights to H in lieu of F in 30 billion won, including 24 billion won for the purchase and sale of land; and (c) completed a contract for the purchase of land subject to the project within two months from June 9, 2014, and completed a contract for the purchase and sale of land, written consent for the use of land, written district unit plan, etc., and registered D’s representative director to change H in accordance with the terms and conditions of the contract.

On May 26, 2014, the victim J and D representative director H, the promotion chairperson of the I Housing Association, entered into a contract for services on behalf of the I Housing Association for the construction of multi-family housing, and on May 28, 2014, the contract for land purchase and sale and other rights, written by D around May 28, 2014, are in the I Housing Association and automatically transfer and succeed without a separate contract.

After that, on May 30, 2014, the defendant requested the victims to have a disaster, such as D's joint representative director, and again became the representative director of the victims on May 30, 2014.

6. From September 2, 201 to November 2014, the Plaintiff purchased land in the name of D from the owners of the land located in Busan Seo-gu and 66 parcels of land.

After concluding a land sales contract with some owners of land subject to the project from June 9, 2014 to November 2014, the Defendant entered into a real estate sale contract, a land use consent certificate, a certificate of seal impression, a district unit planning zone designation, and a written consent for the formulation of a plan.

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