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(영문) 부산지방법원 2015.04.08 2014고정5427

명예훼손

Text

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the management office of the Busan-gu apartment, Busan-gu, and the defendant B is the head of the Dong department of the above apartment.

Defendant

A around 18:00 on June 27, 2014, at the house of the above apartment 1906 E, the documents prepared by the victim F, who was the chairman of the council of occupants' representatives, of the above apartment 1906, were delivered to Defendant B. Defendant B again delivered the above documents to E who is the resident of the apartment, and notified the details to the president G of the council of occupants' representatives of the above apartment 1906, the representative H, I, etc.

However, the above documents contain the following: “The victim embezzled money from January 26, 201 to September 25, 2013 by the management office’s staff at the nine times from September 201, 201, and forced the management office to purchase two computers owned by J, the victim’s children on November 5, 2013, and led the victim to KRW 1.5 million, and around October 24, 2013, the victim instructed the accounting officer of the management office to not receive KRW 30,000 for the elevator usage fee to be collected at the time of the victim’s director.”

However, there was no fact that the victim embezzled money such as life-saving gift expenses, and there was no fact that the management office forced the purchase of the J-owned computer, and there was no fact that the accounting officer instructed that he would not receive the J's elevator usage fee.

As a result, the Defendants conspired in collusion to damage the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to J and E;

1. Investigation report (in cases of transfer of the F corruption-related details to the third party), investigation report (in cases of confirmation of the results of disposition of related cases);

1. Application of the Acts and subordinate statutes on the complaint filed by the F;

1. Relevant Articles 307 (2) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for the provisional payment order.