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(영문) 전주지방법원 2019.05.01 2019노133
업무방해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the mistake and misunderstanding of legal principles) is that the defendant's act was against his own property, so it cannot be the crime of interference with business.

The lower court erred by misapprehending this part of the lower judgment, and erred by misapprehending the legal doctrine on “business” subject to protection of the crime of interference with business.

Judgment

The term "business" subject to the protection of the crime of interference with business under the Criminal Act is an occupation or a business engaged in continuously or continuously, which is worth protecting from infringement by other persons' unlawful acts. Since such business is not necessarily necessary to be lawful or valid, it is determined depending on whether the business is a business worthy of legal protection or whether it actually consists of a peaceful work and serves as a foundation for social activities. There are substantive or procedural defects in the process of commencement or performance of such business.

Even if that degree does not reach a socially acceptable level, the protection of the crime of interference with business is subject to protection (see, e.g., Supreme Court Decisions 2013Do4430, Nov. 28, 2013; 2007Do3218, Jul. 26, 2007). Comprehensively taking into account the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below, the victim C’s management of solar power infrastructure constitutes a business subject to protection of the crime of interference with business, and the Defendant’s act of interference with business constitutes interference with business.

The defendant's above assertion is without merit.

On March 3, 2016, with respect to solar power infrastructure of this case managed and operated by the victim C, a sales contract was concluded between the owner G and the defendant corporation E, an agricultural corporation, the actual operator of which was the victim C.

The main contents of the above sales contract shall be as follows:

(A) G and B are the above companies. A will set the entire price for the solar power plant facilities at the rate of KRW 20 million and sell them to B.

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