logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.11.16 2017고단1789
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, from January 17, 2016 to October 22, 2016, worked as the head of the Si/Gun/Gu Association for the Development of D Housing in Suwon-gu, Busan as the head of the Si/Gun/Gu Association, was killed in the re-election at the special meeting of the association members held on October 22 of the same year, and the victim E was elected as the head of the association. Thus, despite the Plaintiff’s seal impression, corporate credit card, and key to the treasury, etc., the Defendant asserted the invalidity of the special meeting of association members and did not transfer the said goods to the victim by February 15, 2017, by force.

2. On the basis of the evidence duly adopted and examined by the court, the facts charged in this case are proved to the extent that the elements constituting the crime of interference with business were beyond a reasonable doubt for the following reasons.

It is difficult to see that the Defendant’s act constitutes “an act that does not contravene the social norms” as prescribed in Article 20 of the Criminal Act. The crime of interference with business is established when a person interferes with another’s business by deceptive means or by force. Here, the term “power” refers to all the forces that may control and confuse a person’s free will.

Therefore, on October 22, 2016, the resolution of the special general meeting of the D Housing Redevelopment Project Association was reasonable to dispute the legal validity, and immediately after the resolution, the defendant filed an application for "provisional disposition suspending the validity of the resolution of the special meeting" with the party disputing the validity of the above resolution, and under these circumstances, the defendant requested the return of the association's seal impression, etc. from the new enforcement department newly elected through the above resolution of the special meeting to the effect that the return of the association's seal, etc. is decided according to the court's provisional disposition, and if the corporate seal, etc. is urgently needed, the defendant must cooperate with the association."

arrow