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(영문) 부산지방법원 동부지원 2018.07.18 2018고정370

명예훼손

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On September 2016, the Defendant offered convenience to the victim F, the business owner of the D department store "E" store in Busan Shipping Daegu C, upon the request of B having a close-friendly relationship, with the Defendant, who was the owner of the D department store's "E". However, the Defendant, as agreed upon, provided the victim F, who was the owner of the D department store's "E", was aware that the victim was not able to pay the credit card price.

While the Defendant was notified by the Defendant that he actually was B and that he was liable for the payment by the credit card company B, the Defendant had expressed his intent to pressure the payment to the victim with the variable and receive compensation for the damage and attempted to spread false information about the victim’s competitive store.

On March 8, 2017, the Defendant called D’s name-free owner of D’s main department store “E” store located in Jung-gu Seoul, Jung-gu, Seoul, by manipulating the amount of clothes received in cash by the victim, who is the owner of Busan D’s “E” store, as if he/she was settled by credit cards.

A few million won in one month were sent by text messages to the effect that “Along with the same effect,” and on the same day, the same purpose was continuously stated in the D department store Gangnam-gu Seoul Metropolitan Government D department store’s Gangnam-gu store’s phone call to the owner of the “E” store, and “the injured person would have useful money for the clothes.”

In fact, however, there was no fact that the victim did not personally use the clothing price by manipulating the clothing price received in cash as if it was settled by credit card.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police with regard to F;

1. A written statement;

1. A loan certificate, a letter, a receipt, and a letter;

1. Application of Acts and subordinate statutes to photographs by cutting down a mermerial course and capturing on the Internet homepage;

1. Relevant Article 307 of the Criminal Act concerning the facts constituting an offense, Article 307 (2) of the Criminal Act concerning the selection of punishment, and fine;