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The defendant's appeal is dismissed.
Reasons
1. The content of e-mail sent by the Defendant to F is not false, but did not have any intention to mislead the Defendant about false facts or interfere with the victim’s business (misunderstanding of facts or misapprehension of legal principles). 2. Determination on the grounds of appeal
A. The summary of the facts charged is that the Defendant: (a) around August 22, 2014, imported and sold scrap scrapers from German C Company on a person who imported and sold them; (b) around Kim Fran, the Defendant sought to purchase the scrap scrap produced by German D Company ( state); and (c) the Defendant’s “this scrap scrap is not melted;
D The D Seller provided that it would give money to the person in charge if the president does not directly purchase it, and would induce the purchase;
20% The seller shall be bound to do so.
The act of sending an e-mail containing false information to the effect that “ e-mail” was interfered with the business operation of the victim G, a competitor who imports and sells scrap produced by the German D Company, through a deceptive scheme.
B. The lower court’s judgment: (a) there is a difference in the method of crushing C (hereinafter “C scrapers”) sold by the Defendant back to one saw wheels, and then crushing in the form of discharging wastes by the J (hereinafter “D scrapers”) from two saws depending on two saws; and (b) there is a difference in the advantages and disadvantages; and (c) it is impossible for the D scrapers to construct and scrap wastes even if the D scrap scrap has a little degree of capacity to scrap malicious construction wastes, such as concrete and steel bars, compared to C scrapers, even though it has a little degree of capacity to scrap such as concrete and steel bars.
It is impossible to do so. ② Moreover, E purchases scrapers to mainly scrap waste synthetic resin among construction wastes, and the Defendant was well aware of this fact, and E is using D scrapers without any problem. ③ Nevertheless, the Defendant expressed D scrapers in a conclusive manner that it is impossible to scrap construction wastes, ④ I expressed D scrapers.