The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is for the purpose of receiving the payment of the unpaid construction cost related to the extension of the Gwangju Seo-gu D Complex, and the Defendant installed container stuffs on the side of the said trading complex on May 25, 2016. However, there was no fact that the Defendant did not engage in any act such as creating a dangerous atmosphere, and thus, it cannot be deemed that the above act by the Defendant constitutes a crime of interference with business.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The crime of interference with business under Article 314(1) of the Criminal Act is established when a person interferes with his/her business by deceptive means or by force. The term "defensive means" refers to causing misconceptions to the other party or causing land to use it in order to achieve the purpose of the offender's act. The term "power" refers to any force that may control and confuse a person's free will, tangible or intangible, and thus includes violence and intimidation as well as pressure, such as social, economic, political status and royalty (see, e.g., Supreme Court Decision 2003Do504, Mar. 25, 2005). Meanwhile, when the crime of interference with business was established, if the result of interference with business does not require actual occurrence of interference with business, and if the risk of interference with business is likely to occur, it is sufficient to recognize the fact that the defendant was lawfully stationed in a container with a 4th entrance and exit on June 28, 191.

The above facts of recognition are legal principles as seen earlier.