Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

At around 19:00 on January 16, 2020, the Defendant: (a) discovered customers who purchased goods from marina operated by the victim out of marina, on the ground that the said parties D(47 years of age) did not implement the terms of the contract, such as not paying the goods to customers; and (b) obstructed the victim’s marina operation for about five hours by force to prevent the Defendant’s exclusive store door.

Summary of Evidence

1. Application of each of the Acts and subordinate statutes to one copy of the investigation report (Submission of evidentiary materials by the victim), business registration certificate, copy of marina contract, and letter sent by the suspect A of the defendant's partial statement E;

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

A. In the crime of interference with business under the Criminal Act, the term “business” refers to the whole of the business or affairs continuously engaged in according to the status of occupation or social life, and it does not include whether the business or affairs are main or incidental, and even if a single business is conducted to a certain extent, or is conducted in close relation with the performance of the original business or affairs continuously conducted in the status of occupation or social life.

(See Supreme Court Decision 2004Do8701 Decided April 15, 2005, etc.). Meanwhile, with respect to the crime of interference with business, the business subject to protection is exempt from the infringement of another person’s illegal act, which is worth protecting from the infringement of another person’s business. The contract or administrative act, etc., which forms the basis of the business, is not necessarily lawful (see, e.g., Supreme Court Decision 91Do944, Jun. 28, 1991). Whether the business is worth legal protection, the business is practically peaceful.