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(영문) 대구지방법원 2012.11.07 2012고정885

명예훼손

Text

The defendant shall be innocent.

Reasons

1. At around 20:00 on September 4, 201, the Defendant injured the victim’s reputation by openly pointing out false facts to the effect that, although the victim E did not have embezzled the price in producing and purchasing 100 boxes for attaching resident vehicles at the time when the resident representative meeting of the C building was to serve as the general manager of the resident representatives’ meeting of the C building on June 2005, the Defendant: (a) while having D, F, and G, etc., “the victim’s Stick purchased at KRW 50,00,000 and embezzled KRW 1.50,000 by manipulating the account book as if he purchased the Stick at KRW 50,000,000.”

2. The evidence that corresponds to the facts charged in the instant case lies in F and E’s legal statement, the police statement to E, and the F’s witness statement.

The defendant, D, and G, who was present in the above space, stated that the defendant embezzled the price of the Stick at the time and place stated in the facts charged, but the defendant, D, and G, who stated that there was no statement that the defendant made the above purport, and that the defendant made the statement to the above purport at the place where the resident's meeting was taken over the general duties and books of the resident's meeting from D on the date stated in the facts charged. However, D and G stated that there was no neighbor's meeting on the day, and the minutes of the neighbor's meeting did not contain any statement that the neighbor did not have the neighbor's meeting on the day, and F voluntarily stated that there was no statement that there was no neighbor's meeting on the day, and that there was a high possibility that there was no neighbor's meeting on the date stated in the facts charged, ③ there was a question that there was a mistake that the E Stick-related business affairs between residents, including the defendant, and the F had the same time and place, but there was a possibility that the defendant et al.