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(영문) 수원지방법원 여주지원 2019.10.18 2019고정168
업무방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates C, a contractor for the civil works of “B”, and the victim D is a person who develops the same electric housing complex.

On April 3, 2019, from around 11:00 to April 13:00, 2019, the Defendant obstructed the victim’s work by exercising force by force on the ground that, at the entrance of Leecheon-si, the Defendant demanded the victim to pay the construction cost of KRW 90 million prior to the completion of construction, the victim was refusing the payment after completion of construction.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes on the statement of D;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the argument of Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that the instant act of interference with business of this case is dismissed as the lien existed.

According to the records, on October 31, 2018, between the Defendant and the victim, the Defendant and the victim completed the civil engineering works by November 30, 2018; “1. The Defendant shall complete the civil engineering works by no later than December 15, 2018;” “3. 40 pages of evidence”; “The Defendant did not complete the civil engineering works in F (G, H) and complex by no later than January 10, 2019; the Defendant and the victim’s payment of KRW 6.5 billion including the total amount of construction work cost paid on November 12, 2018; the Defendant did not request the Defendant to pay KRW 500,000,000,000 to the Defendant by no later than December 30, 2018; the Defendant did not pay KRW 500,000,000,0000 to the Defendant for completion of the civil engineering works by no later than 305,000,000 won.”

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