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(영문) 서울남부지방법원 2016.09.23 2016고단3588

신용훼손

Text

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

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

Reasons

Punishment of the crime

The defendant was an employee of credit information business in the new credit information company, and around April 11, 2016 at the office of information credit company located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and the fact was attached to the defendant's corporate account in the defendant's office with the aim of collecting claims from D Co., Ltd., a creditor of C Co., Ltd. and raising business performance by collecting claims from D Co., Ltd., a creditor of D Co., Ltd., and the representative director of D Co., Ltd., "B" was attached to E, the defendant, the representative director of D Co., Ltd., with bad debts.

The F was delegated by the F with the collection of the claim of KRW 45 million, and the G was delegated with the collection of the claim of KRW 148 million.

If there are prices of supply of materials that were not received from C, it was false that the new information finance company will request the collection of claims.

As a result, the defendant spreads false facts about the credit of the victim, thereby damaging the credit of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for B and E;

1. Written complaint;

1. A monetary statement confirmation;

1. Recording records;

1. List of accounts of C Stock Companies;

1. Each written confirmation of seizure (the Defendant asserts that the Defendant did not intend to cause damage to C Co., Ltd., but did so by mistake to commit the instant crime.

On the other hand, the crime of undermining credit under Article 313 of the Criminal Act is established when it generates a situation where there is a possibility of undermining the credit of a person by spreading false facts or by using other fraudulent means. The criminal intent in the crime of undermining credit is not necessarily required to be definitely intentional, but it is sufficient with dolusence as to the fact that there is a situation where there is a possibility of undermining the credit of another person as a result of spreading false facts or using other deceptive means, and that there is a situation where there is a concern over undermining the credit of a person (Supreme Court Decision 200, Dec. 7, 2

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