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(영문) 수원지방법원 2014.06.13 2014노599

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact or misunderstanding of legal principles) K purchased all the materials produced during the process of the removal from the F company holding the right to remove the E 2 factory (hereinafter “instant factory”) and the right to dispose of the facilities within the said factory, and then sold the electric wires generated during the process of the removal to the C company for KRW 1.8 billion.

The Defendant paid KRW 60 million to C and purchased the said electric wires, and intended to remove them, and only set up against the F Company’s failure to remove the electric wires from the side of the F Company without any authority.

It is difficult to see that the defendant had an intention to obstruct the business affairs of the F company, and the defendant's act constitutes a legitimate exercise of rights within the scope permitted by social norms.

Nevertheless, the lower judgment, which determined that the crime of interference with business is established against the Defendant, erred by misapprehending the legal doctrine on the crime of interference with business, thereby adversely affecting the judgment

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court and the trial court, F Co., Ltd., a waste disposal business entity: (a) purchased from E the entire cost of the instant factory and equipment and the right to remove the factory from around May 6, 2011; (b) K Co., Ltd. acquired the right to dispose of all the materials produced in the process of the instant factory removal from F Co., Ltd. around that time; (c) sold to C Co., on May 24, 2011 the entire price of the above material to M Co., Ltd.; (d) on June 3, 2011, C Co. sold 250 tons of the above electric wire to M Co., Ltd., and around that time, sold 150 billion won of the electric wire to the Defendant, and received KRW 600 million from the Defendant; (e) electric wires and the removal of the instant electric wires from the factory in the process of the instant case; and (e) confirmed the sale of the goods to GF Co., Ltd.