업무방해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (fact-finding) Defendant Company B, which was operated by C, performed the construction work by being awarded a contract for the construction work of the factory site in Jincheon-gun D (hereinafter “instant construction work”), and suspended the construction work as a matter of the settlement of construction cost. The Defendant’s act does not constitute crime of interference with business, since G unilaterally concluded a contract with C and intends to perform the said construction work, thereby preventing access roads which inevitably entered into the construction site.
2. Determination
A. The summary of the facts charged is that the Defendant, as the representative director of the Company B, was performing the instant construction work after being awarded a contract by C on December 2014, 2014, he heard that C would not pay the Defendant the construction cost, and enter into a re-subcontract agreement with G, Inc., a representative of the victim F, without paying the equipment cost to E., and that E would interfere with the victim’s construction work in collusion with E by suggesting that “if it is possible to prevent the access road, it is so as to block the access road, and unless otherwise, it is possible to prevent the access road.”
Accordingly, E, from December 23, 2014 to December 28, 2014, installed its H excavation search devices on the access roads to the said construction site, and the Defendant, around December 28, 2014, prevented the victim from entering the construction site by installing one motor vehicle on the access roads to the said construction site, thereby preventing the victim from carrying out construction works.
Accordingly, the Defendant conspiredd with E and interfered with the victim's work by force.
B. The term “business” subject to the protection of the crime of interference with business under the Criminal Act refers to an occupation or a continuous business, which serves as the basis of social activities, in fact as a work or business in a certain period. Although a contract or administrative act, etc., which forms the basis of such business, is not necessarily lawful, it shall not be deemed unlawful by others.