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(영문) 서울중앙지방법원 2015.10.30 2014고정5518

명예훼손

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 9, 2013, the Defendant of defamation of January 2013: (a) told eight G apartment residents living in the E cafeteria located in Gwanak-gu, Seoul Special Metropolitan City, including the Defendant, that “H husband (I) did not audit the women’s association of the apartment but did not audit the books that H’s wife was collected; and (b) did not audit the books during the period of the representative audit and inspection.”

However, in fact, the victim I worked as the auditor of G apartment from February 2, 2011 to January 2013, and conducted an audit on the register of women of the above apartment managed by his wife H.

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

2. On January 15, 2013, the Defendant of defamation, saying, at the office of the G Apartment Women’s Association in Gwanak-gu, Seoul Special Metropolitan City, that “I received allowances from the above apartment residents J without audit for ten months as an executive officer of the Dong Council. I received allowances.”

However, in fact, the victim I had been performing the audit of the above apartment from February 2, 2011 to January 2013 and the audit of the women's association and the senior citizen's center in each half year.

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

Summary of Evidence

1. Statement to the effect that the defendant has made the same statement as that described in paragraph (1) in the judgment in the first trial record;

1. Each legal statement of a witness I, H, J, and K;

1. Statement I in the police interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Statement of witness by the police of J;

1. Statement of witness by the police with respect to L, M, F, and N;

1. A complaint prepared by the I;

1. A written statement prepared by K and H;

1. Audit results:

1. A corrective report;

1. Signs of the settlement of accounts;

1. Report on the correction of the audit results of senior citizen centers at the first half-year center;

1. Details of subsidies and withdrawals from senior citizen centers;

1. Details of business promotion expenses for the president of the Senior Citizens Association;