The judgment below is reversed, and the case is remanded to the Seoul Northern District Court Panel Division.

The grounds of appeal are examined.

1. The lower court: (a) pursuant to the direction of H, the president of the Association, an incorporated E (hereinafter “instant Association”) of the Association, the members, including the Defendants, conspired to prepare a false written appraisal resolution; and (b) accordingly, issued a false appraisal certificate.

Even if this is only a result according to H’s unfair instructions that exercise overall control over the appraisal business of the instant association, and it does not result in misunderstandings or sites by the appraisers, including the Defendants, who have the authority to prepare a written appraisal resolution, and if the appraisal committee members, including the Defendants, conspired or understood both to make a false appraisal resolution, they made the instant association as an incorporated association mistakes or land for the issuance business of the appraisal certificate.

In addition, even if the president of the instant Association or the employees in charge of its administrative affairs, who approved the issuance of the appraisal certificate after the written appraisal resolution of the members including the Defendants, including the Defendants, performed their duties without gathering such false facts, their duties are based on the written appraisal resolution of the members, and they are merely ancillary acts without authority, and there is no possibility of any separate discretion to intervene. Thus, their duties were interfered with or there was a deceptive scheme for their duties.

On the grounds that it is difficult to see that the judgment of the court of first instance that acquitted all the Defendants of the facts charged of this case was affirmed.

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

A. The crime of interference with the business of Article 314(1) of the Criminal Act is established when a person interferes with the business of another by deceptive means or by force. The term “business” here refers to all of the affairs or businesses continuously engaged in according to the occupation or social status, and is incidental, regardless of whether the business is mainly conducted.