업무방해
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal by the defendant is that the defendant was not aware of the forgery of the passport since he was not required to report the loss of nationality or a foreigner registration certificate even when he was visiting the end of the year in which the defendant had a significant size of overseas emigration brokerage business operator, and was issued a passport at the government office. The court below found the defendant guilty of the charges because there was no intention to interfere with the above foreigner's admission situation of the above foreigner's school, and there was an error of misunderstanding of facts, and the punishment (two months of imprisonment, two years of suspended execution, forfeiture No. 1, and 120 hours of community service order) is too unreasonable.
The gist of the grounds for appeal by the prosecutor is that the sentence of the court below is too unfasible in light of the seriousness of the crime.
2. Determination
A. The crime of interference with business by fraudulent means with business by determining the defendant's assertion of mistake of facts refers to using deceptive schemes, causing mistake, dismissal or land to the other party in order to achieve the purpose of the offender's act, and it is sufficient to establish the crime of interference with business if it does not require the result of interference with business to actually occur, and it is sufficient that the crime of interference with business is established even in cases where the propriety or fairness of business is hindered, not in itself,
(See Supreme Court Decision 200Do5669 Decided October 25, 2002, Supreme Court Decision 2006Do4487 Decided December 21, 2006, etc.). According to Article 60-2 of the former Elementary and Secondary Education Act (amended by Act No. 11384, Mar. 21, 2012); Article 10(1) of the Regulations on the Establishment and Operation of Foreigners’ Schools and Foreign Kindergartens, foreigners’ school is a school established for the education of the children of foreigners staying in the Republic of Korea and those of the nationals residing in the Republic of Korea for more than three years, and its main purpose is the establishment.