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(영문) 인천지방법원 2015.02.13 2014고정3948

무고

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the chairman of the council of occupants' representatives of Bupyeong-gu, Incheon.

On February 17, 2014, the Defendant prepared a written complaint stating that “The head of Jongno-gu Seoul Metropolitan Government Office for the Promotion of Apartment Housing which is an organization for the improvement of apartment mortgage,” and “All meetings such as the council of occupants’ representatives should be publicly announced by the council of occupants’ representatives from November 2013 to December of the same year. The Defendant, the president of the council of occupants’ representatives, did not publicly announced the meeting, and even if he did not approve the written public announcement, the Defendant, who was the president of the council of occupants’ representatives, interfered with the duties of the council of occupants’ representatives by publicly announcing the meeting to dismiss the representative of occupants’ representatives.” On February 18, 2014, the Defendant submitted a written complaint to the Incheon District Public Prosecutor’s Office located in the Nam-gu Incheon Metropolitan City Public Prosecutor’s Office.

However, in fact, at the temporary council of occupants' representatives held on October 29, 2013, the representative of occupants requested the defendant, the chairperson of the apartment house, to have the printed matter distributed to the occupants, but the defendant left without any explanation, the eight representative of the occupants who attended the meeting at that time decided to hold a meeting for dismissal of the chairperson of the council of occupants' representatives, and prepared it in writing, and ordered the apartment management office F to give notice and public notice of the contents of the meeting to hold a meeting for dismissal of the chairperson of the council of occupants' representatives on November 18, 2013. The above F notified the defendant of the decision of the representative of the occupants' representatives to obtain the permission of the defendant on the holding of the meeting, and followed the procedure such as preparing a written public notice of the meeting and posting it on the above apartment house.

As such, the Defendant, as the head of the apartment management office, pursuant to the decision of the tenant representatives, shall make extraordinary meetings.