2014Do10752 Interference with business

1. A;

2. B

Defendants

Attorney C and N (for the Defendant)

Busan District Court Decision 2014No860 Decided August 5, 2014

January 14, 2016

The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the facts charged in the instant case is as follows: the president of the D Taekwondo Federation or the secretary general;

D. The head of each Gu of 201 and 2012 jointly hosted by the D, D Living Sport Association, and D Taekwondo Federation

In fact, in the course of the Taekwondo Competition (hereinafter referred to as "the Taekwondo Competition of this case"), the person shall not participate in the competition.

As if the players did not participate in the racing, a false fact-finding table was organized, and as a result, a false fact-finding table was established.

A player who is a team of a competition with a player is going to participate in a competition without actually conducting a competition.

D, D, D and D Taekwondo Federation, as if they were actually engaged in the games,

It has interfered with the duties of fair progress of the Taekwondo Games.

2. As to this, the lower court, as long as the truth was established in accordance with the false truth list, shall proceed through this.

The results are likely to be different from the results of the advanced test under the Selective chart consisting of only the players who actually participated.

As such, the appropriateness of the Taekwondo Games in this case is appropriate due to the defendants' acts of making false promotional tickets.

B. It is reasonable to view that fairness had been affected, and even during the period of the Taekwondo 1 of this case

Even if there was no doubt about the appropriateness or fairness of the Games, ' thereafter'

The people of the gymnasium that was closed in the Taekwondo Games came to the police investigation by participating in the gymnasium.

of this case, such as the report of television broadcast of this case, the appropriateness and fairness of the Taekwondo Competition

Each doubt was raised, and thereby, the Taekwondo Games was not held in 2013.

Taking account of the fact that the defendants' act of making false saves by the defendants, the Taekwondo Games of this case

It was determined reasonable to view that the progress of business was hindered.

3. However, it is difficult to accept the above determination by the court below for the following reasons.

A. Review of the reasoning of the lower judgment and the record reveals the following facts.

(1) The instant Taekwondo contest is a result of the training of trainees belonging to the Taekwondo President under the control of the D Taekwondo Federation.

a sports-for-all event held for the purpose of identifying and raising the desire for training, which is a participating player;

Most of them are kindergarten students or elementary school students.

(2) In line with the aforementioned intent of the Games, raising the desire for the above training, the Defendants and the Taekwondo Halls

The heads shall divide them into gender, academic year, water supply (reliced, paid), and items (relics, winters), and each section, and each section.

Having the number of wires consisting of not more than four persons, and have them carry out a competition in the method of management only among them.

By doing so, all participating players were able to award prizes, such as being awarded a medal.

(3) The Defendants and the chiefs involved in the preparation of the instant Taekwondo tickets shall front the instant Taekwondo Games.

The number of persons for each group shall be less than four in preparation of actual progress based on this match method.

Where a successor occurs, the first competition by separating players belonging to the same Taekwondo Director within the individual group;

of this chapter, and there is no excessive number of winners in the same Taekwondo chapter.

A set of records, etc. consisting of a team leader, and otherwise, he/she operated the team or participated in part of the team leader.

It is not possible to find out the circumstances that the actual truth has been formed in order to benefit from.

(4) However, the Defendants constituted a real team and followed it. However, the instant Taekwondo Games were outside of the Republic of Korea.

The purpose of viewing as if it was held in the ornamental Yorri, or the purpose or the number of Taekwondo tickets already closed or closed;

For the purpose of the honorable treatment of the chief of a low-speaker class, he/she shall belong to the Taekwondo Hall, etc. closed by the chief of the class.

(1) include the virtual winner as the other party to the actual winner, or the actual match is held.

manner by which all of the participating players under this section are made of a false string and are employed as virtual players;

As a result, false promotion marks were prepared, and they were placed in the guide books of the Taekwondo Games in this case.

(5) However, as seen above, the false fact finding that only the guide book was lost, and the actual game was done earlier.

As such, the Taekwondo had been conducted by the actual team organized before the Taekwondo Congress of this case; and

According to the order of priority, false promotion marks did not have any influence on the actual results of the competition.

B. The following circumstances revealed through the above facts, i.e., the Taekwondo of this case

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The nature of a sports-for-all event similar to a festival to stimulate the desire of students at their age, such as a student, etc.

Defendants constitute an actual team in line with the nature of such a competition, with false representation.

The truth table is intended to pretend the appearance of a competition held in a sulphical or pulse; or

Preparation is made for the honorable treatment of the head of the agency, and is made for a stimulated intention or purpose, such as the manipulation of winning.

That is not a matter of fact, and accordingly, a false statement of fact can only be published only in a guide book, and the actual competition has been made.

Considering the fact that the Defendants did not have any influence on the result, the Defendants’ falsity

due to the act of making up the tickets, the propriety and fairness in the proceeding of the Taekwondo Games.

shall not be deemed to have impeded.

Furthermore, the court below's decision on the propriety of the defendant's conduct of the Taekwondo of this case

The instant case through broadcasting, among the circumstances cited in the judgment that interfere with the fairness or fairness of the case

The Taekwondo Congress was not held in 2013, or there was no suspicion about Taekwondo.

all of them have committed misconducts, such as manipulation of winnings, fraud of subsidies, etc. in the Taekwondo Games of this case.

It was due to false suspicions, and such circumstance is attributable to the Defendants’ act.

The grounds for the interference with the appropriateness and fairness of the affairs of the Taekwondo Congress

section 20.

C. Nevertheless, the court below erred by misapprehending the legal principles as to the preparation of a false misunderstanding slip by the Defendants

The defendants are deemed to have impeded the propriety and fairness of the affairs of the Taekwondo Games; and

In this case, the court below found the Defendant guilty of the charge of interference with business. In so doing, the court below erred by misapprehending the Act

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There is an error affecting the conclusion of the judgment.

4. Therefore, without examining the remaining grounds of appeal, the judgment below is reversed, and the case is remanded.

In other words, it is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided by the assent of all participating Justices.

It is so decided as per Disposition.

Justices Kim Jae-sik et al.

Justices Lee Sang-hoon

Justices Cho Jong-hee

Chief Justice Park Sang-ok