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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the removal of the factory building of this case by a victim of mistake of facts and misapprehension of legal principles constitutes a tort that infringes on the ownership of E, a right holder of the factory building of this case, such removal is not a legitimate business to be protected under the Criminal Act, and even if the removal was conducted, the Defendants’ act constitutes a legitimate exercise of authority to protect their own property.
B. Each sentence (Defendant A: a fine of KRW 1 million, Defendant B, and C: each fine of KRW 300,000) imposed by the lower court on the Defendants is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. “Business” subject to the protection of the crime of interference with business under the Criminal Act refers to business or affairs continuously or continuously engaged in, which is worth protecting from infringement by other persons’ unlawful acts. Contracts or administrative acts, etc. which form the basis of such business do not necessarily have to be lawful. However, in a case where a certain business or activity itself has anti-sociality to the extent that it is considerably unreasonable in social life due to the gravity of illegality, it cannot be deemed that it constitutes “business” subject to protection of the crime of interference with business.
B. According to the evidence duly admitted and examined by the court below, the following facts can be acknowledged.
1) The F land in Bupyeong-gu Incheon Metropolitan Government (hereinafter “instant land”).
2) On March 26, 2010, E Co., Ltd. and E Co., Ltd. jointly owned the shares of 12,699/25,398 shares, each of which was entrusted the ownership of the instant land to the New Real Estate Trust Co., Ltd. on March 26, 2010. (2) On September 15, 2011, E Co., Ltd. again acquired the ownership of the shares of 2,002/25,398 shares from the New Real Estate Trust Co., Ltd., Ltd. on September 15, 201, and on the same day, the said shares among the instant land were changed.