The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) the Defendant claimed the amount of use, etc. to the victim several times pursuant to the “ agreements on the use of a bath room and bathing facility,” which was concluded with the victim; (b) the victim

Accordingly, the defendant asserts that the defendant had no intention to maintain the above service contract since the victim filed a lawsuit to return the lease deposit against the building owner after lawfully cancelling the above contract.

Since the construction of the boiler repair works for bathing rooms, this act by the defendant cannot be seen as an interference with the performance of legitimate rights.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court determined as follows based on the evidence duly adopted and examined: (i) the victim entered into a contract for the use of bathing rooms and bathing facilities with the Defendant during the period from December 1, 2015 to November 30, 2017; (ii) the amount used as “based on the entry of 100 members into the contract for the use of bathing facilities” was set at KRW 2,00,000 per month as “the effective number of members shall be 20 days” under the above contract for the use of bathing facilities; and (iii) the Defendant was determined to re-consult with the Defendant for expenses exceeding 150 members after the contract for the use of bathing facilities (round 45 pages of the steam record); (iv) the victim did not have any further consultation with the Defendant on the use fees exceeding KRW 5,625,00 (150, value added); and (iv) the victim did not have any further consultation on the use fees exceeding KRW 300,00,000,00 (2) the victim’s separate amount of usage fees and KRW 37474.