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Practice Areas

Interference with Business

Interference with business is established where a person interferes with the business of another through force or the spreading of false facts, and conduct that hinders business activity is also subject to criminal punishment.

CONTENTS
  • 1. Interference with Business | Requirements for Establishment
    • - What Is the Spreading of False Facts
    • - Acts of Deceptive Scheme
    • - Force and Authority
  • 2. Interference with Business | Types
    • - Differences from Defamation
  • 3. Interference with Business | Level of Punishment
    • - Period of the Statute of Limitations for Prosecution
    • - Sentencing Criteria
  • 4. Interference with Business | Methods of Response
    • - Confirmation of False Facts and Acts of Deceptive Scheme or Force
    • - Analysis of the Scope and Impact of the Affected Business
    • - Gathering and Preservation of Related Evidence
    • - Strategy for Responding to Questioning by Investigative Agencies
    • - Preparing Legal Defense Arguments and Rebuttal Materials
  • 5. Interference With Business | When You Need Professional Assistance

1. Interference with Business | Requirements for Establishment

Requirements for the establishment of interference with business of the Daeryun criminal group

Interference with business is a crime that is established when a person spreads false facts or interferes with business through deceptive scheme or force.

Where the execution of official duties is interfered with, obstruction of official duties is established, and where business is interfered with, this crime of interference with business is established.

In the crime of interference with business, business refers not only to business in economic life but also to all business as a social activity.

What Is the Spreading of False Facts

Spreading false facts refers to the act of conveying content that differs from actual objective facts to an unspecified number of persons.

In this case, the actor must clearly recognize that the facts he or she conveyed are false.

Even if the basic facts are true, if a substantial degree of false content is added to those facts so as to create a risk of interfering with another person's business, this can constitute the spreading of false facts.

Supreme Court Decision 2021Do6634, Decided September 30, 2021

In the crime of interference with business,
'the spreading of false facts' means spreading facts that objectively do not correspond to the truth, and the mere expression of an opinion or value judgment does not fall under this. In determining whether the object spread belongs to facts or to opinion, the determination must be made by considering the overall circumstances, such as the ordinary meaning and usage of the language, the possibility of proof, the context in which the statement at issue was used, and the social situation at the time. The basic facts need not necessarily be false, and even where the basic facts are true, a case in which falsehood is added to them so as to create a risk of interfering with another person's business also constitutes interference with business.

Acts of Deceptive Scheme

A deceptive scheme refers to conduct in which the actor causes the other party to form a misapprehension, a mistaken belief, or ignorance in order to achieve his or her purpose, and exploits this to cause the other party to take a mistaken action or make a mistaken disposition.

In addition, it has been held that interference with business is established even where no actual interference with business occurs, as long as there is a risk that the business may be interfered with as a result of the conduct.

Accordingly, the crime can be established even where a state involving a risk of interfering with business arises.

Supreme Court Decision 2009Do5732, Decided September 10, 2009

In the crime of interference with business by deceptive scheme,
'deceptive scheme' means that the actor, in order to achieve the purpose of the conduct, causes the other party to form a misapprehension, a mistaken belief, or ignorance and exploits this, and the establishment of the crime of interference with business does not require that the result of interference with business actually occur but is satisfied where a risk of bringing about the result of interference with business arises, and the crime of interference with business is also established where not the performance of the business itself but the appropriateness or fairness of the business is interfered with.

Force and Authority

Force means any power capable of suppressing or throwing into confusion a person's free will, and this includes not only violence and intimidation but also pressure exerted through social, economic, or political status or power.

Supreme Court Decision 2009Do5732, Decided September 10, 2009

The
'force' in the crime of interference with business means any power capable of suppressing or confusing a person's free will, whether tangible or intangible, and it is not required that the victim's free will actually be suppressed, but it must be of a degree sufficient to suppress the victim's free will in light of the offender's influence, the number of people, the surrounding circumstances, and the like, and whether it constitutes such force must be determined objectively by considering all the circumstances, such as the date, time, and place of the offense, the motive and purpose of the offense, the number of people, the manner of the power, the type of business, and the status of the victim.

2. Interference with Business | Types

Interference with business can arise in various forms.

1. Conduct that interferes with business by spreading false facts
2. Conduct that interferes with business by damaging a person's credit through deceptive scheme
3. Conduct that interferes with business by force
4. Conduct that interferes with business by destroying a computer or other information processing device
5. Conduct that interferes with business by destroying electronic records or other special media records, and the like

Differences from Defamation

The crime of interference with business and the crime of defamation are distinguished according to the type of harm and the purpose arising from the spreading of false facts.

Interference with business is established where a person interferes with another party's business by spreading false facts or by improper means such as deceptive scheme or force.

Defamation, by contrast, is a crime that is established when content that infringes upon another person's social reputation is present, whether the facts are false or true.

3. Interference with Business | Level of Punishment

Main practice areas of interference with business of the Daeryun criminal group

Interference with business is punished under Article 314 of the Criminal Act, and the level of punishment is as follows.

Criminal Act Article 314 (Interference with Business)

Imprisonment for not more than 5 years or a fine not exceeding 15 million won

Period of the Statute of Limitations for Prosecution

The statute of limitations for prosecution of interference with business is 7 years under Article 249, Paragraph 1, Subparagraph 4 of the Criminal Procedure Act.

Criminal Procedure Act Article 249 (Period of the Statute of Limitations for Prosecution)

④ For crimes punishable by imprisonment or imprisonment without labor for a maximum term of less than 10 years, 7 years

Sentencing Criteria

▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense

▷ A motive for the offense worthy of consideration

▷ Where the degree of the force or deceptive scheme or the degree of interference with business was minor

▷ Where the offense was committed with willful negligence

▷ Mental and physical weakness

▷ Voluntary surrender or whistleblowing

▷ No wish for punishment or recovery of the harm

▷ Passive participation

▷ Sincere reflection

▷ No prior criminal punishment

4. Interference with Business | Methods of Response

If you are questioned or reported for interference with business, it is necessary to examine the facts closely and respond carefully.

If the initial response is neglected, it can lead to unnecessary criminal punishment, so systematic preparation at each stage is necessary.

Confirmation of False Facts and Acts of Deceptive Scheme or Force

For interference with business to be established, the content that the person spread must differ from objective facts, or there must be conduct that causes the other party to be misled.

Unlike a mere expression of opinion or criticism, it must be closely examined whether false information was intentionally spread.

In addition, whether the conduct constitutes deceptive scheme or force is also important, and it must be determined whether the other party was actually thrown into confusion or had its decision-making affected.

Analysis of the Scope and Impact of the Affected Business

You should analyze specifically how the other party's business was interfered with.

An objective determination should be made by considering the nature and scale of the business, as well as the direct impact of the interfering conduct and the possibility of interference.

Distinguishing it from a mere difference of opinion or temporary confusion, whether the conduct actually caused a disruption to the performance of business is the key.

Gathering and Preservation of Related Evidence

To prove your innocence or to rebut the allegation, you should systematically secure all materials that can prove the circumstances at the time.

You should organize materials that can prove the timing and content of the conduct, such as text messages, emails, recordings, and posts, by date, and keep the originals safely.

Strategy for Responding to Questioning by Investigative Agencies

When you are questioned by an investigative agency, you should avoid false statements or exaggerated answers, and you should make clear statements based on the facts.

During questioning, it is important to be familiar with your rights and the procedures, and to cooperate faithfully with what is required.

An emotional response or an unnecessary dispute can worsen the situation, so you should approach it calmly.

Preparing Legal Defense Arguments and Rebuttal Materials

Objective evidence should be gathered to establish the falsity of the opposing party's allegations or the absence of any deceptive or coercive conduct, and the circumstances of the case should be organized systematically to develop a response strategy.

This strengthens the legal defense and helps prevent unnecessary misunderstanding or distortion.

5. Interference With Business | When You Need Professional Assistance

Understanding how to respond to interference with business

Legal disputes involving interference with business may call for different approaches depending on the nature of the matter, the availability of evidence, and the relationship with the victim, so a detailed and strategic approach is needed from the early stages of the case.

In the early stages of a case, the preparation of written statements and simulations of witness questioning can help prevent unfavorable statements, and the complaint and investigative materials are examined closely to assess precisely whether the disputed dissemination of false information or deceptive conduct occurred.

Support is not limited to mere document preparation; it extends step by step to practical responses throughout the investigation and trial, including accompaniment during questioning by investigative agencies, submission of written opinions, and preparation of sentencing materials.

If you are facing an investigation or dispute concerning interference with business, you may review a response strategy suited to your current situation through 🔗a criminal defense legal consultation.

Daeryun provides tailored legal services.

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