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(영문) 대전지방법원 2019.03.14 2018고정989
업무방해
Text

The defendant will give public notice of the summary of the decision.

Reasons

1. The summary of the facts charged is the substantial operator of the “Cwa Holdings” in Daejeon Dong-gu, Daejeon, and the victim D was temporarily entrusted with operation and management from the Defendant. However, even after the expiration of the delegation period, the Defendant is a person operating the said B brokerage without title.

Around 10:00 on February 12, 2018, the Defendant interfered with the Defendant’s trading business for a period of up to two days by means of control, such as: (a) around seven employees of the Security Service Business Group (State) and at least seven employees of the Special Security Service Group (State) to prevent the Defendant from entering the said Securities and Exchange; and (b) preventing the Defendant from having access to the victim and his employees.

2. Facts

A. According to the evidence duly adopted and examined by the court, the Defendant’s act of interfering with the Defendant’s trading business for a period of up to two days by means of controlling the Defendant’s access to the victim and his employees, such as entering the instant trading hole, as stated in the facts charged.

B. Around August 2015, the Defendant entered into a verbal agreement to lease a crowdfunding to F, and entered into a lease agreement on June 13, 2016, the Defendant agreed to “F to create a separate corporation to begin the wedding business upon delivery of the instant building.”

C. While the Defendant prepared to establish a separate legal entity, he/she shall hear proposals from the victim that “it is possible to start a wedding business since January 9, 2017, which he/she has received a wedding reservation,” and commence his/her business after completing business registration under the victim’s name. The Defendant agreed to appropriate funds for the settlement of accounts from the sales amount and completed the business registration under the victim’s name on January 9, 2017.

At the time, the Defendant and the victim prepared a written agreement on January 9, 2017, stating that “The business registration shall take effect only until March 20, 2017 and shall be terminated thereafter,” and the term of lease stipulated in the lease agreement from January 9, 2017 to March 20, 2017 (Establishment of Corporation) with respect to the crowdfunding building.

E. The Defendant: (a) on March 21, 2017, filed a report on the business registration of the victim.

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