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The judgment of the court below is reversed.
Defendant
A and B shall be punished by fine of 500,000 won, and Defendant C shall be punished by fine of 2,00,000 won.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. Error 1) In this case, the subject of the work of extracting and removing pine trees is G, and I is merely an intermediary entrusted by G with the extraction and sale of pine trees, not an injured party. 2) G managed pine trees together with the Defendant C, but G disposed of pine trees in a very difficult condition to take lawful procedures to prevent such unlawful act.
B. In light of the legal principles, Defendant C and G engaged in the business of investment in their own money, and therefore, the instant pine trees belong to the combination of the above Defendant and G, and in order to dispose of them, G’s extraction and removal of the instant pine trees without the consent of the said Defendant constitutes embezzlement in the course of business, and such criminal act does not constitute “business” protected in the crime of interference with business. 2) Even if it is not so, the Defendants’ removal and removal of the instant pine trees constitutes legitimate act or self-help act.
C. The lower court’s sentence of unreasonable sentencing (a fine of one million won: a fine of one million won; a fine of one million won; and a fine of one million won for Defendant C: a suspended sentence of four months’ imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the defendants' assertion of mistake of facts and misapprehension of legal principles, G is jointly engaged in the sale and purchase of landscape trees, such as pine trees, as the representative director of (ju Q) as well as construction of landscape trees. Despite the absence of any idea to invest the funds for purchasing pine trees and sales expenses, the business purchased pine trees to Defendant C on November 2006 and extracted and sold them to Defendant C, with a rapid number of profits.