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(영문) 서울동부지방법원 2017.12.14 2017노1228

명예훼손

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal revealed false facts as to D, thereby impairing D’s honor.

2. The gist of the facts charged was that the Defendant was the female president of Songpa-gu Seoul apartment complex C around March 1, 2014, and D was the representative president of the said apartment complex from March 1, 2013 to February 29, 2015.

D Around June 2014, PP selected E&D as a station for guard through a tenant representative meeting in accordance with the procedures of a contract around several occasions. E, the head of the C apartment living support center, around June 27, 2014, entered into a calendar contract for apartment guard between C apartment and E&D Co., Ltd. on July 1, 2014 to June 30, 2016; and on June 30, 14 to June 30, 2016, approximately KRW 1.466 billion for apartment guard; and on the expiration of the contract period under Article 5 of the contract, the contract is automatically entered into.

On June 17, 2016, the Defendant was the Chairperson of the Residents' Representative Meeting at the time when the meeting was held in the office of the representative meeting of the occupants of C apartment and approximately 20 residents of C apartment, and the conference image was sent to each household in TV and the apartment residents’ order was observed.

D It is not illegal or unfair to select E&D as a guard company, but properly selected through a resolution of the tenant representative meeting in accordance with the relevant laws and regulations and apartment management rules. In the event that the contract term expires, it is impossible to automatically extend the contract, and even if it is impossible to automatically extend the contract, it is not possible to hold the tenant representative meeting due to the lack of the quorum at the time, it is impossible to hold the tenant representative meeting as a result of the failure of the tenant representative meeting to automatically extend the reverse contract with E&D, E&D, the party participating in the meeting and apartment residents at the place of the meeting, as if D used the representative meeting to automatically extend the reverse contract with E&D.

If the meeting is known at this time, it will interfere with the meeting again.