The judgment below

Among the defendant A and B, it is a interference with the business due to false appraisal of the market price due to the reason of the prohibition against the defendant A and B.

The act of inducing appraisers, including the Defendants, to make a false appraisal of high art works and prepare a written appraisal resolution in collusion with the E Association (hereinafter referred to as the “Association”) which is an incorporated association president of the E Association (hereinafter referred to as the “instant Association”) under the summary of the grounds for appeal (the fact-finding and misunderstanding of legal principles), constitutes an act interfering with the business of the Association

In addition, since the appraisal committee members issue appraisal certificates after the written appraisal resolution is prepared by the vice-chairperson with the approval of the documents, the issuance of appraisal certificates is involved not only in the appraisal committee members but also vice-chairperson or the working-level staff.

Therefore, the act of preparing a false appraisal resolution by the appraisal committee at least causes mistake, dismissal, and site to the employees involved in the issuance of the appraisal certificate.

Therefore, although the Defendants’ act constitutes the crime of interference with business by deceptive means, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, acquitted the Defendants of the instant charges.

Judgment

The crime of interference with business under Article 314(1) of the Criminal Act is established when a person interferes with another person's business by deceptive means or by force. The term "business" here refers to all of the business or affairs continuously engaged in according to his or her occupation or social status. Whether his or her duties are main or incidental. Although a single business is a single business, if it is to a certain extent or it is in close relationship with the original business continuously engaged in in in his or her occupation or social life, it constitutes a single business.

(see, e.g., Supreme Court Decision 2009Do4141, May 24, 2012). In the crime of interference with business, a deceptive scheme means the act of causing mistake or land to the other party in order to achieve the purpose of the act, and the crime of interference with business is established.