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(영문) 부산지방법원 동부지원 2018.08.09 2018고정349

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the injured party B’s apartment C in Busan Shipping Daegu from April 2015 to August 31, 2017.

B. A person who was the president of the tenant, and the defendant is currently engaged in the food materials supply business under the trade name D, and the above apartment;

In the present. It is the representative of occupants;

In that sense, the defendant 22:20 on August 7, 2017, and the Equare between the above apartment 103 dong and 104 dong and the above apartment 104 dong around 22:20, the fact is whether the injured party has a mother type transaction with the company "Law Firm F" acting as an agent for the above apartment repair business, or, notwithstanding that there is no disagreement in the selection of that law firm, the injured party does not personally conflict with the other G (the age of 58) "F corporation and B (the injured party)";

Whether there was no transaction of mother species or not;

In addition, “The amount of money from the apartment insurance related to KRW 300,000,00 is approximately KRW 300,000,000, and the director of the technology division sent to B for personal use, ② part of the warden’s monthly payment was made by H, ③ the director of the technology division instructed B to claim KRW 30,000 when claiming the purchase of KRW 17,00,000, ELD, and used it as a revolving cost, ④ Hah-related and B used it as a revolving cost, ④ Hah-related manager was appointed by himself,” and the victim injured the victim’s reputation by openly pointing out false facts as if there was any vid in the course of performing the duties of the representative of the occupants.

2. We examine the judgment. The case is a crime falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim's will under Article 312(2) of the Criminal Act. According to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on August 2, 2018. Thus, the prosecution against the defendant is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.