업무방해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is as follows: ① (a) the Defendant filed a civil petition by facsimile with the Seoul Gangnam Education Support Agency (hereinafter “Seoul Gangnam Education Support Agency”) around May 11, 2015; (b) the Defendant did not constitute a deceptive scheme because it did not submit a civil petition with false content; and (c) the victim C did not actively accept and supplement the request for supplementation received from the Seoul Gangnam Education Support Agency and did not have any intent to engage in private teaching institutes at the time of the instant case; (c) there was no task subject to interference with the Defendant’s business; and (d) civil cases between the Defendant and the victim [the Seoul Central District Court 2015Da149801 (main lawsuit), 2016Gada 506437 (Counterclaim)] also rejected the victim’s claim for tort on the grounds that the Defendant submitted a civil petition to the Seoul Gangnam Education Support Agency and did not seem to have submitted forged or altered documents.
As such, the court below found the defendant guilty of the charged facts of this case, although the defendant did not interfere with the victim's business by fraudulent means, there is an error of law affecting the conclusion of the judgment
2. Determination
A. On March 28, 2015, the Defendant entered into a contract to lease part of six stories of the building located in Gangnam-gu Seoul, Gangnam-gu, Seoul (hereinafter “Seoul”) with the victim C who intends to operate a compacting school on March 28, 2015. However, the Defendant unilaterally asserted the invalidation or cancellation of the contract.
On May 6, 2015, the Defendant submitted to the Gangnam-gu Seoul Gangnam Education Support Agency a false civil petition that the above lease agreement becomes null and void by facsimile, thereby allowing the victim to obtain permission from a private teaching institute, thereby hindering the victim’s teaching school duties by deceptive means.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.
(c)
According to the evidence duly admitted and examined by the lower court, the lower court’s determination 1) was conducted.