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(영문) 대법원 2013.09.12 2012도14616
업무방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The crime of interference with business under Article 314(1) of the Criminal Act is established in cases where a person interferes with another’s business by deceptive means or by force. Here, “definite force” refers to any means of suppression or confusion that can control a person’s free will, and does not exist in tangible, intangible or political position, and thus includes assault, threat, social, economic, and political position, and pressure, etc. (see, e.g., Supreme Court Decision 2003Do5004, Mar. 25, 2005). Based on evidence duly adopted and investigated, the lower court acknowledged the Defendant’s act of arbitrarily changing the password of bank account in the name of the transferee when the Defendant transferred a hospital established in his/her own name, and arbitrarily changed the password of bank account under the name of the Defendant who allowed the transferee to use it to the victim, and all of the Defendant’s act indicated in the facts charged that the account books kept in the tax accounting

Furthermore, the above act of the defendant constitutes “defensive force” as referred to in the crime of interference with business by taking advantage of the economic status of the holder of the deposit account and the transaction partner with the tax accounting corporation, and thereby undermining the normal operation of the hospital. There are circumstances asserted by the defendant.

Even if it does not constitute a justifiable act under the Criminal Act, the court found the Defendant guilty of all the charges of the crime of interference with business.

Examining the records in light of the above legal principles, the above fact-finding and judgment of the court below are just and acceptable.

In the process of fact-finding, the defendant exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misunderstanding the legal principles on the crime of interference with business, as alleged in the grounds of appeal.

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