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(영문) 서울북부지방법원 2015.05.29 2012고정1452

업무방해

Text

Defendants are not guilty.

Reasons

1. The Defendants in the facts charged of this case are those who are commissioned as appraisers by the (g) EE Association, and are in charge of the authenticity and market value appraisal of high art works.

Defendant

On November 22, 2011, Defendants A, C, D, and F’s co-offenders and F’s co-offenders were given the E Association Office located in Jongno-gu Seoul Metropolitan Government G building with the instruction of Defendant D and F to the effect that “high white black sick sick sick sick sick sick sick sick” was directly given by the president of the Association H, and Defendant A was asked to “high sick sick sick sick sick.” Defendant C received the said instruction from the said H to the same effect.

Therefore, even though Defendants and F judged that they were valuable in appraising the above intention, they prepared a written appraisal resolution under the name of E Association, thereby allowing to issue a certificate of appraisal under the name of E Association.

Accordingly, the Defendants, in collusion with F and H, interfered with the E Association's evaluation of art works by fraudulent means.

B. On February 12, 2008, Defendant A, B, I, and J were given the above H’s instructions to the effect that, in appraising the above E Association’s office, Defendant A, B, I, and J’s 1 false expert testimony, the said E Association’s office “integrative writing,” Defendant A, B, and I, and J were sent through K as the director of the Association Secretariat.”

Therefore, even though Defendants, I, and J judged that they were valuables while appraising the above intention, they prepared a written appraisal resolution as “satisfy,” thereby allowing the E Association to issue a certificate of appraisal under the name of E Association.

Defendants, I, and J issued the E Association’s appraisal certificate with respect to “finites” of a total of five points, as described in the separate sheet of false appraisal, from around that time to July 3, 2008, as well as from around that time.

As a result, the Defendants in collusion with I, J, and H dominent art works of the E Association by fraudulent means.