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(영문) 수원지방법원 안양지원 2014.12.19 2014고정131

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From January 1, 2013, the Defendant, who runs the “D office” in Article 102, is in charge of the president of the “E”, a licensed real estate agent-friendly organization, from January 1, 2013.

1. Around February 3, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) (hereinafter “Information and Communications Network Utilization and Information Protection Act”) visited the Internet site (F) used by E members via the Internet, and used public funds as a final means of settlement for which only the Chairperson can know by transferring the behavior of low-income G and E finance to the Internet’s account. The actual use of public funds is likely to have been made, and the general director demanded approval on the day of the general meeting and obtained approval of the false audit and inspection. The general director transferred the receipt to the Chairperson. The auditor does not believe that the auditor lost the receipt, but did not believe that the auditor lost the receipt, and he was aware of the head. It was concealed on the ground that he lost the receipt. In the meantime, the Defendant used the public funds as a means of settlement for which only the Chairperson could know by transferring it to the Chairperson’s account. Ultimately, the number of financial accounts was written and the content of the account was automatically recorded.

However, in fact, around 2010, the victim H, who was the president of the “G”, the telegraph of the above E, submitted accounting data and receipts to the auditor before the ordinary general meeting of shareholders, thereby enabling K to report them to the auditor and conduct a normal financial audit, and there was no fact that K lost or concealed part of the receipt of public funds. In addition, at the time, the victim H only executed public funds through the I’s account as a finance company, but did not use the public funds as a final means of settlement by transferring public funds to its account.

Accordingly, the defendant's purpose is to slander the victim H, who was the president of G.