업무방해
All appeals are dismissed.
The Defendants’ grounds of appeal are also examined.
1. In the crime of interference with business through fraudulent means that an actor misleads the other party or causes a misunderstanding, dismissal, or site to achieve the purpose of the act, and the establishment of the crime of interference with business is sufficient if the result of interference with business does not require actual occurrence, and if there is a risk of causing interference with business, it is sufficient that the crime of interference with business is established even if the propriety or fairness of the business is hindered, not in itself.
(2) According to the reasoning of the lower judgment, the Defendants conspired to manipulate the results of the ASS public opinion poll to favorable to the candidates by means of false response to age limit, gender, etc. in order to enhance the effective sample, and thereby interfere with the Defendants’ act of opening a new mobile phone and converting them into a new mobile phone, as indicated in its reasoning, and then holding the ARS (Automatic response system) for the simplification of candidates within the Incheon L constituency. The lower court, based on its adopted evidence, confirmed that the Defendants’ act of opening a new mobile phone into a new mobile phone and conducted a series of public opinion poll with Defendant 27 years old-old public opinion poll by changing the general telephone used for 2 or 3 weeks to a mobile phone of the members of the KN Party, etc., and that the Defendants’ act of opening a new mobile phone with Defendant 23 years old-old public opinion poll with Defendant 27 years old-old one, 37 years old-old one, and then changed the Defendants’ act of opening a new mobile phone with Defendant 27 years old-old one.