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(영문) 서울남부지방법원 2017.06.28 2016고정2835

명예훼손

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has conducted the sales agency of the Dtel in Yeongdeungpo-gu Seoul Metropolitan Government, and the defendant B is a person who has sold Dtel with the introduction of the defendant A and resides in 1402.

From May 6, 2016 to May 13, 2016, the Defendants conspired to use the space to be a convenience facility of the occupants in E for profit purposes by illegally converting it into the space to be used for profit purposes, and impose the electricity and incidental expenses to the occupants.

In addition, there is a change from time to time (five years to time) the managing director is operating in accordance with his own entrance without considering the convenience of the occupants.

"Induceives containing the contents of "on the first floor of officetels and the entrance door of each household shall be attached to each studio, and shall be put in the first floor by mail.

However, the victim E is a company entrusted with the management of Dtel and the F Authorized Brokerage Office, which is a subsidiary of E, pays rent by leasing part of the studio 1st floor from its owner. Since there are sports facilities which are convenience facilities on the side of the office, the victim E did not have been operated in mind by the head of E without considering the convenience of the occupants.

The Defendants conspired in collusion with the Defendants to damage the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol of examination of the suspect of the Defendants, G, and H (including the substitution of the Defendants)

1. Statement made by the police with H;

1. Investigation report (Submission of details of transactions of H and rent payment by a complainant agent);

1. Documents attached or delivered by the person under consideration, a real estate lease agreement, and a detailed statement of payment of management expenses;

1. Application of the CCTV screen (suspect A)-related statutes;

1. Article 307(2) and Article 30 of the Criminal Act concerning the facts constituting an offense (a punishment shall be imposed).