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(영문) 수원지방법원 2017.03.31 2016노5364
신용훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On April 8, 2014, the Defendant: (a) found an I branch of the Foreign Exchange Bank around April 8, 2014.

It is pointed out that the withdrawal is unreasonable, and it does not include K the same words as the facts charged in this case.

(2) Even if not,

Even if the defendant's act committed a risk of undermining the credibility of the victims.

shall not be deemed to exist.

However, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. 1) The judgment of the court below also argued that the above grounds for appeal were the same as the above grounds for appeal, and the court below's statement is consistent and specific, and it is difficult to find motives to make a false statement because the defendant and the victims are subject to punishment for perjury and are not interested in the defendant and the victims. Thus, the defendant's statement in the court is highly reliable. Thus, it can be sufficiently recognized that the defendant made the statement in the court's decision. Furthermore, it is recognized by the evidence in light of the defendant's specific statement, motive and circumstance, situation at the time, etc., the victims have a plan to promote housing construction projects requiring large-scale funds in the land in this case, and the victims have been also engaged in each petroleum distribution business, etc., and it is inevitable for banks to make a smooth business operation such as raising operating funds, and the actual victim FF provided the land in this case to the current financial company, which is the customer of the foreign exchange bank, as collateral, and obtained a loan of 3.5 billion won at the I point in the foreign exchange bank at the time of foreign exchange transactions.

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