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(영문) 서울동부지방법원 2016.09.07 2015고정2000
업무방해
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. The criminal records of Defendant B was sentenced to two years in Seoul High Court on December 19, 2014 to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and three years in suspended execution, and the above judgment was finalized on January 28, 2016.

2. The background F organization of the instant case (the president G, hereinafter “F”) is an organization established under the Act on the Establishment of Organizations by Persons, etc. of Distinguished Services to the State, and the F organization H (the president A; hereinafter “H”) is a special subdivision in the position of the F organization.

The Victim Korea Veterans Welfare and Healthcare Corporation (hereinafter “victim”) operated the J Hospital funeral hall at the Seoul Special Metropolitan City I. However, even though the first half of the 1980s entered into an entrusted operation contract with H on December 16, 2013 and notified H on December 31, 2013 that the entrusted operation contract was terminated on December 24, 2013, the persons related to H and H collaborative companies continued to occupy and operate the said funeral hall while refusing to return the building of the funeral hall.

Accordingly, on June 9, 2014, the Victim Corporation filed a lawsuit against H to the name map of the funeral hall building with F, and received a favorable judgment on December 30, 2014. On January 29, 2015 and February 6, 2015, even though it attempted to execute the name map of the funeral hall building, it was no longer the resistance of H and partner companies, and on February 23, 2015, it was completed by attempted to execute the name map again on February 23, 2015.

3. Specific facts constituting an offense are the president of H; Defendant A, Defendant B, a member of H Operation Committee, a person who operates a K cafeteria store at his/her funeral hall; L is the president of a M organization, a representative of “N” who supplies flowerss, barrackss, etc. to H; andO is the representative of “P” who entered into a contract of a permanent bus transport with H.

Defendants, at around 12:00 on February 23, 2015, with L andO, had completed the execution of the name map of the funeral hall at the above J Hospital funeral hall, making it no longer possible to occupy the funeral hall building, and the funeral hall is to exercise the right of retention.

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