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(영문) 인천지방법원 2015.03.27 2014고정4154

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On June 24, 2014, at around 13:00 on June 24, 2014, the Defendant: (a) drafted a printed article of KRW 2,00,00,000 (the delivery to D- the general affairs of the E market) that was embezzled from the revenue of parking lots for the purpose of borrowing the membership fees for executive officers using a computer screen in the Defendant’s house located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; and (b) made it difficult to distribute it to the merchants of 130 stores in the E market.

However, there was no fact that the victim D had been delivered KRW 2 million embezzled.

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

2. In fact, the Defendant: (a) using a computer screen protocol at the date and place mentioned in paragraph (1); and (b) using a computer screen protocol at the E Market Merchant Association, prepared in the paper A4 printed printed matter, “the representative F of the association and the primary accusation measure against executive secretary G 14 (including the candidate D) as a result of occupational breach of trust and embezzlement at the E Market Merchant Association; and (c) distributed it to 130 shop merchants members.

Accordingly, the defendant injured the victim D's reputation by openly pointing out facts.

3. In fact, the Defendant, at the time, and at the place specified in Paragraph 1, failed to obtain business rights against the candidate D in the merchants’ conference in 2013, using a computer project protocol.

'A' has been drawn up in the paper A4 and distributed to the merchants of the E market 130 stores around that time.

Accordingly, the defendant injured the victim D's reputation by openly pointing out facts.

Summary of Evidence

1. The defendant's legal statement (the fourth trial date and the facts of paragraph (1) of the judgment);

1. Statements and records of the accused in the second trial records (the facts in paragraphs (2) and (3) at the time of the market);

1. Application of each police protocol of statement to D, H, I, and J

1. Article 307(2) of the Criminal Act applicable to the facts constituting an offense (the point of defamation in a false manner) and Article 307(1) of the Criminal Act (the point of defamation in a false manner);

1. The Commercial Concurrent Crimes Act.