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(영문) 의정부지방법원 고양지원 2016.06.30 2015고정226

명예훼손등

Text

A defendant shall be punished by imprisonment for six months and a fine of 1,500,000 won.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2015 High 226] The Defendant operates an agricultural products supplier company under the trade name of “C”, and from March 30, 2013, the Defendant entered into a contract for the operation of direct trade in the apartment complex with the representative council of occupants of the Guro-gu, Busan Metropolitan City from March 30, 2013, and thereafter operates the direct trade center in the apartment complex from that time, and the victim E is the chairman of the aforementioned apartment occupant representative council.

around March 2014, the Defendant received 500,000 won advance payment from the Defendant Company to the Defendant Company as the representative of the said D apartment complex G and H to the Agricultural Products Supplier and the Recycling Company, and demanding the Defendant to provide money or goods in connection with the contract at the place of business operated by the Defendant, which is located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to the effect that the victim received unjust money or goods in relation to the contract, or demanded the Defendant to provide money or goods to the Agricultural Product Supplier and the Recycling Company, and that “E would receive 5,00,000 won advance payment from the Defendant Company to the end of April 2014, because the contract is terminated unless the remainder of the contract is paid by April 2014.”

“Along with the phone,” the term “in other words,” thereby impairing the reputation of the victim by openly pointing out false facts.

[2015 Highest 1930] On January 15, 2014, the Defendant made a false statement to the victim I that “I would accept the business expenses of KRW 40 million from the high-songyang-gu J apartment Do, Soyang-gu, Goyang-gu, J apartment will return the business expenses if he or she becomes aware of it.”

However, in fact, the defendant was thought to use money from the injured party for his own business fund or to repay other debts, and there was no intention or ability to receive color construction works from the injured party for the reason that there was no reason to undermine the business related to the color construction, and even if there was no particular property or income, the money will be returned to the injured party.