Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 19, 2017, the Defendant: (a) opened a container stuff to prevent the victim’s cargo from entering the factory; (b) obstructed the victim’s vinyl manufacturing and supply of greenhouse houses; and (c) prevented the victim’s cargo from entering the factory.

Accordingly, the Defendant, by force, changed the “business” in the written indictment for the victim’s business to “business”.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Related photographs, full descriptions of the registration, certificates, lien report, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Inspector);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The crime of interference with business is not established because there was no work subject to interference at the time of the instant assertion, and there was no result of the actual interference with the victim’s duties. The Defendant’s act is an act arising from the lawful exercise of the right of retention and thus the illegality is dismissed.

2. Determination

A. Under the crime of interference with business, the term “business” refers to the entire business or business that continues to be performed on the basis of the status of an occupation or social life, whether the business is its main or incidental, or not, and even if one-time business is conducted on the basis of its nature, or is conducted on the basis of a close relationship between the performance of its original duties that continued to be performed on the basis of the status of an occupation or social life (see, e.g., Supreme Court Decision 2004Do8701, Apr. 15, 2005).