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| TITLE | Supreme Court Decision 2017Do19283 Decided September 24, 2020 【Interference with Business】 [full Text] |
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| Summary | |
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[1] Whether the constitution of the crime of interference with business requires the results of business obstruction to actually occur (negative) [2] A case where an act that an applicant submitted with false materials for explanation corresponding thereto, making a false assertion to a person in charge of deciding to accept or not based on the examination of the qualifications, etc. at the request of the applicant, constitutes the crime of interference of business by fraudulent means [3] In the case where the Defendants were indicted on charges that, conspiring with Defendant B, Defendant A was issued a certificate of voluntary service falsely stating as if Student D, a student of High School C, had completed a total of 84 hours of volunteer work for about 10 months and transferred the said certificate to Defendant B, and Defendant B interfered with the execution of duties of the school head including the examination and selection of the Services Award by fraudulent means in the manner of having Student D receive the Services Award 2010 in the name of the school head by submitting the said certificate to High School C through Student D’s class teacher, the case holding that the lower court found the Defendants not guilty, and thus there were errors of misapprehension of the legal principles regarding the constitution of the crime of interference with business |
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