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(영문) 부산지방법원 2018.06.27 2016고정1624

명예훼손

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant newly constructed a partnership in B (hereinafter “B”) and consulted with B in order to purchase a “Seoul-gu Busan-gu Seoul-ro store in unsold lots for a long time,” and the agreement was reached, which led to the occurrence of an agreement with B, and the fact that the victim D, the head of the partnership, did not demand rebates to the Defendant, but did not request rebates, the Defendant prepared a written application for coal and sent it by mail to B-related persons as follows.

1. On July 29, 2014, the Defendant, at the G Office of Gangseo-gu Busan Metropolitan Government Etel Building Fho Lake Co., Ltd., the head of the partnership, at the place where A and A introduced, shall have the head of the partnership approved the approval of the board of directors with respect to the commission of 5% (850 million won) for the trade amount of 17 billion won (850 million won).

At the same time, I prepared a written application stating that this amount was required to be paid to A, and sent it by mail to 10 directors, including B directors H.

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

2. On August 22, 2014, at the same place, the Defendant prepared a written application stating that “(s) 5% of the sales amount of 17 billion won in commercial buildings (850 million won) shall be deducted from the balance and adjusted, and D demanded a so-called rebates to pay KRW 50 million out of this amount to A,” and sent it by mail to B’s 10,000 directors, including B representatives I, 20,000 members of B, and 15 members of Busan JJ.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness D in the fourth public trial protocol;

1. Protocols concerning the police of the defendant, D, and interrogation of the suspect of the prosecution;

1. Statement made by the police with respect to D, H, I, K, and L;

1. A report on investigation (a list of executive officers of the cooperative, etc.);

1. A criminal investigation report (a copy of the written application submitted by the complainant);

1. Decision on non-prosecution and decision on non-prosecution;