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Defendants are not guilty.
Reasons
1. Defendant A is the representative director of D Co., Ltd., Defendant B is the representative director of E Co., Ltd., and Defendant C is the representative director of F Co., Ltd.
Although the Defendants completed extension and substantial repair works for the building of Jung-gu, Daejeon Special Metropolitan City H (hereinafter referred to as the “instant building”), the Defendants decided to occupy the building of this case as the dispute between G and the construction cost.
Accordingly, from November 19, 2016 to November 24, 2016, the Defendants conspired with each other to prevent the victims from entering the victim I, J, K, K, and L from entering the first floor sales office and the third floor office of the G in charge of the dispute resolution company, by preventing them from entering the victim I, J, K, and L from entering the third floor sales office of the G in charge of the dispute resolution company by force.
2. The defendants' act of controlling access to the first floor sales office and the third floor office of the building of this case is a lawful act in accordance with the right to exclusively occupy the custody and thus, it does not constitute a crime of interference with business under the Criminal Act.
3. Determination
A. According to the evidence duly admitted and examined, the following facts and circumstances are revealed.
On March 7, 2015, G Co., Ltd. entered into a contract with D Co., Ltd. (hereinafter “instant construction”) on the extension and substantial repair of H building in Jung-gu, Daejeon (hereinafter “instant building”) to which Defendant A is the representative director. Around April 7, 2016, a contract was entered into between D Co., Ltd and D Co., Ltd to change the amount of construction to KRW 5,976,300,000.
around March 28, 2016, G Co., Ltd. drafted a contract with the F Co., Ltd., the representative director of which Defendant C is, and the part of the Electric Fire Fighting System among the instant construction works, as the construction cost of KRW 100,400,00 and September 25, 2016. On the same day, Defendant E Co., Ltd, the representative director of which Defendant B is, and the part of the mechanical fire fighting system among the instant construction works, as the construction cost of KRW 575,30,00,000, and the completion date of the construction.