The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (misunderstanding of facts) is the victim G G is also an optician. According to the agreement between the above victim and the defendant, the above victim was responsible for overall matters related to the actual business of burial after opening the burial, such as construction, purchase of goods, employment of human resources, distribution of expenses, and profit distribution. The above victim's work constitutes the victim G's work.

Nevertheless, the first instance court rendered a not guilty verdict of the facts charged in this case on a different premise, and the first instance court erred by misunderstanding facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person who registered a business operator under the name of the Defendant B from August 22, 201 to jointly manage the victim G in the name of the Defendant’s wife F around July 18, 201, and was in the joint operation with the victim, and Defendant B registered as an optician from August 22, 201 to August 2, 201. Defendant B is a person who was employed in the above boundary point and worked as an optician from August 2012.

On December 31, 2013, the Defendants conspired to replace the entrance, security cards and fund management passbooks of the above boundaries to prevent the victim from participating in the operation of the above boundaries while the dispute arises between the Defendant A and the victim due to the settlement of business profits, etc. of the above boundaries after the contract period for the joint operation of the above boundaries expires, and to interfere with the victim's affairs such as the operation of the above boundaries. On February 28, 2014, the Defendants returned Defendant B to the above boundary point and made it difficult for the victim to enter the above boundary point by replacing the entrance security card of the above inside boundary point on the same day after having the victim return to the above boundary, and continuously make it difficult for the victim to enter the above boundary point by replacing the safety card of the above boundary point on the same day, and three new passbooks in the name of the Defendant B in lieu of the three passbooks of the Korean bank passbook of the Defendant B.