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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The facts alleged by the misunderstanding of the facts and the legal principles constitute a case where there are reasonable grounds to believe that the facts alleged by the Defendants are true or true, and, as a self-gravated Ri, intended to deinate the mother’s harmony and to prosecute social corruption, and for the public interest, it was for the sake of public interest. Thus, the illegality should be excluded pursuant to Article 310 of the Criminal Act. However, the judgment of the court below convicting the Defendant of the facts charged in the instant case by misapprehending the legal principles,
B. The sentence sentenced by the lower court (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 2 million) is too unreasonable.
2. Determination
A. (1) As to the assertion of misunderstanding of facts and legal principles, Defendant A and the Defendant obtained the loan approval without properly notifying the borrower, loan period, repayment terms, etc., which are his wife-interest G of the victim. As such, the facts indicated by himself are true. However, the content indicated in the PPet of this case is not simply interpreted to the above purport, but it is interpreted to the purport that the victim provided the house without G’s consent to purchase the above apartment house as collateral and actually purchased the above apartment house. In full view of the evidence duly adopted and examined by the court below, the above purport of the above can be acknowledged as false.
B. Article 310 of the Criminal Act concerning the denial of illegality cannot be applied to the crime of defamation by a false statement of facts under Article 307 (2) of the Criminal Act. In addition, in full view of all the materials submitted by the defendant, there is a considerable reason to believe that the statement by the defendant is true even if all the materials submitted by the defendant are considered.
It is also difficult to see it.
Article 310 of the Criminal Code provides that the act of Article 307(1) of the Criminal Code shall not be punished when it is true and solely for the public interest.