All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of legal principles - (i) Defendant B’s act of entering into a contract and entry into a place of business which had already been executed before the contract is deemed to constitute the crime of interference with business and intrusion by negligence on the part of the victim, on the ground that the contact between the Defendant and the victim

She also, in relation to the crime of intrusion, it is unreasonable to view that the business owner violated the peace of residence of the business owner on the ground that the business owner would not allow entry to the customer if he had known the true intention of the customer who entered the place of business.

Article 22(1) of the Criminal Procedure Act provides that the act of the defendant is illegal as it is for the purpose of regulating the illegal act of brokerage and establishing the proper real estate market order.

B. Unreasonable sentencing - The sentence of the lower court (Defendant A: a fine of KRW 2 million, Defendant B: a fine of KRW 700,000) is excessively unreasonable.

2. Determination

A. (i) As to Defendant B’s assertion of misapprehension of the legal doctrine, the crime of interference with business is established if there is a risk of interference with business even if the result of interference with business actually occurred.

However, in the case of this case, the defendant concluded a real estate lease contract without the intention to do so until the completion stage of the contract, so the victim, a licensed real estate agent, was expected to be unable to receive the brokerage fee from the beginning.

In addition, if a contract for a specific real estate is negotiated and the contract deposit is paid, it is impossible to intermediate the real estate to other customers who find it later, barring special circumstances, and thus, the potential interest that can receive the brokerage commission from other customers has also been infringed.

Therefore, the crime of interference with business is committed by visiting the victim's place of business with intent to conclude a contract that the defendant does not actually perform.