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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant is a corporation with the right to lease and use F facilities, etc. in the Chungcheong City E through an agreement with the Cheongju-si, a person working as the Vice Minister C (State) and who is the complainant.
A. The Defendant, on September 2015, referred to as “D” to G within the pentan area where it is impossible to identify the trade name located in the Namyang-do, Gyeonggi-do.
- The expression that the operation of “D” is difficult, while showing documents containing false facts such as the capital erosion (Embezzlement, breach of trust, neglect of duty, neglect of duty), - absence of information (pre-trial administration, biased administration), - re-contract 】 (public opinion 】) and impairing credit by e-mail with documents containing such false facts;
B. On October 2015, the Defendant borrowed KRW 50 million from H to H by means of e-mail to G, and then paid monthly wages to “I (PL restaurant)” located within F as the head of H’s pro-friendly J as the head of the team, thereby paying interest on the loan. As a result, the Defendant damaged the credibility of “D” by borrowing KRW 50 million to the K representative, who is the Convention Company, by borrowing KRW 50 million from the K representative. (Construction to the effect that the management status is unstable)
2. Determination
A. Under the relevant legal principles, the crime of undermining credit under the Criminal Act requires the spread of false facts or other fraudulent means to impair the credit of people. Here, the dissemination of false facts is objectively deemed to be consistent with the truth and thus spreading the past or present facts that do not fit the truth (including future facts when it is possible to prove by evidence).
It does not correspond to the mere opinion or value judgment of the defendant (Supreme Court Decision 82Do2486 delivered on February 8, 1983). In addition, the phrase "seminating false facts" under Article 313 of the Criminal Act refers to the actual objective facts.