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(영문) 창원지방법원 밀양지원 2017.09.21 2016고정119
신용훼손등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged [Resumed Facts] The victim C is the 50,000 won of the fraternity 10 million won, 21 old accounts, 500,000 won per month of the monthly payment (5,000 won after the receipt of the fraternity), 13 May 13, 2014 to January 13, 2016, 2, 3,6, 11 old accounts of the defendant, 4 and 10 old accounts through the defendant as the business owner of the beauty room where the defendant attends, and the monthly payment is paid through the defendant.

[2] On February 1, 2015, the Defendant stated that the Defendant did not commit suicide in the “F Beauty Room” located in the Republic of Korea, which was located in the Republic of Korea, and was not a person who committed a suicide among the members of the friendly community of the victims, and that “one of the members of the guidance operated by the injured was the five teams, and the guidance was the same.”

As a result, the defendant spreads false facts to damage the credit of the victim, and at the same time interfered with the operation of the victim's order by fraudulent means.

2. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt. If there is no evidence to form such a conviction, even if there is suspicion of guilt against the defendant, the determination is inevitable in the interests of the defendant.

B. According to the evidence duly adopted and examined by this court, G was a member of the knife system in which the victim was operated, and committed suicide during the period of receipt of some gold payments around January 2014, and the Defendant came to know of such facts from H, and the Defendant came to know of such facts. On February 2015, it is recognized that the Defendant made the same remarks as indicated in the facts charged to Police Officers D.

According to the above facts, the part of the defendant's statement that "one of the members of the system operated by the injured party committed suicide" among the contents that the defendant stated to D is false or deceptive means.

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