2016 Highest 2396 Business Interference

A

U.S. P.D., E.P. trial

2016, 14 October 14

Defendant shall be punished by a fine of KRW 5,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

To order the defendant to pay an amount equivalent to the above fine.

Criminal History Office

On January 1, 2016, at around 00:55, the Defendant: (a) demanded the victim C to leave a marina shop operated by the victim C in Yangyang-si B without paying the fee to the victim; (b) demanded the victim to be rejected from the victim; (c) demanded the victim to take a trial fee to the other customers; and (d) demanded the victim to take a delivery from the victim; and (c) demanded the victim to take a call to the victim to leave the entrance, making the victim’s desire to be called “Weak-si”, and making it impossible for the customer who visited the entrance to enter the place for about 20 minutes, such as putting the disturbance on the front of the entrance.

Accordingly, the Defendant interfered with the victim's business by force.

Summary of Evidence

1. Defendant's legal statement;

1. A C statement;

1. Each report on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 314(1) of the Criminal Act; Selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Anti-Jin-dong