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(영문) 인천지방법원 부천지원 2014.04.29 2014고정161

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around October 21, 2013, the Defendant sent a text message to approximately 500 members, including, but not limited to, the C members of the C members’ association in Bupyeong-gu, Seocheon-gu, Seoul Special Metropolitan City, to the effect that “F, which already received most of the construction costs and used them to redeem personal bonds, does not pay to the H members and does not pay them to the H members,” and distributed the text message to approximately 20 residents of the neighboring commercial building around November 7, 2013.

However, the representative G of the victim F was not paid KRW 400 million out of the construction cost of KRW 1 billion, and there was no fact that the construction cost was used for the repayment of individual bonds.

After all, the Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. A complaint;

1. Application of the Acts and subordinate statutes to a summary of the F Accounting Data of each stock company, the F Accounting Data of each stock company, the CD file, the F, and the C Council Member Accounting Data of each corporation;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;