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(영문) 서울북부지방법원 2018.12.06 2018고정759

명예훼손

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a resident living in Nowon-gu in Seoul Special Metropolitan City, a person who was audited by the representative council of apartment occupants from June 2013 to May 2015.

On August 11, 2017, the Defendant: (a) prepared and distributed an incentive "written request for dismissal of the representative director (representative director) of the resident representative," stating that (b) in the process of the document review, a company that did not submit specifications among the documents was submitted to the tender document review sheet; and (c) a company was selected by entering (b) a company that did not submit specifications in the process of the document review in the process of the document selection process; and (d) a public announcement was made in July of the case of the selection of the recycling company without the representative’s resolution; and (e) a written request for dismissal of the representative director (representative director)."

However, with regard to the selection of the above apartment complex repair contractor, it was not stated that the representative meeting of occupants submitted the specifications with regard to the selection of the apartment complex repair contractor, and the company did not select the company. In addition, there was no fact that the representative meeting of occupants did not select and publicly notify the recycling company without a resolution in relation to the selection of the above apartment complex recycling contractor.

Accordingly, the Defendant, by pointing out false facts, damaged the honor of C, auditor D, auditor E, technical director F, general director G, and environmental director H.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Complaint;

1. A written request for dismissal of a representative executive of occupants;

1. Amendment bills of the representative meeting of occupants;

1. A criminal investigation report (to be accompanied by data submitted in the judgment of the name of the criminal defendant against whom a complaint has been filed and recording records);

1. Investigative reports (general charge of reference persons);

1. Each investigation report (in cases of attaching submitted materials);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a record);

1. Article 307 (2) of the Criminal Act concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (Article 70(1) and 69 of the Criminal Act (the defendant and his/her defense counsel) shall be true.