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(영문) 대전지방법원 2016.06.29 2015고단3655

명예훼손

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the head of the management office of the relevant apartment, Seo-gu Daejeon apartment C, Daejeon, and the victim D is the head of the management office of the relevant apartment.

The Defendant, at around June 30, 2015, destroyed the honor of the victim by openly pointing out false facts, stating to the effect that, although the said victim did not receive money and valuables from Samho-N Co., Ltd., Ltd. (hereinafter referred to as “CC”) responsible for the painting construction of C apartment buildings, the Defendant’s representative auditor E of the apartment building “the victim received KRW 100 million from the painting company.”

2. According to the evidence adopted by the court below, the following facts are revealed: ① the auditor of the above apartment building around the date and time indicated in the above facts charged: D’s audit of the representative meeting of the occupants of the above apartment building; D’, the president of the above apartment management office; and F’s general director at the representative meeting of the occupants of the above apartment building; ② CNC was awarded a contract for the design and waterproof construction of the outer wall of the above apartment building around March 2015; ③ Defendant G, the name of the Defendant, obtained unjust money from EhoNC in relation to the above construction; ④ the Defendant’s speech that D’s false money and valuables were received from E around April 2015; ④ the Defendant, on the date and time indicated in the above facts charged, but at the time, E did not have any doubt about the aforementioned money and valuables.

After the defect, the fact that it seems to have been replaced by the above contents. ⑤ On the other hand, from the above suspicion E against D, it appears that F would have been widely known to the apartment residents in the process of pursuing D and C-N E and asserting that D would have been widely known to D in the process of asserting its confession, and vi) it appears that the relationship between the Defendant and D was not a bad thing at ordinary times. In addition, the defendant and E’s position at the time of such position, the relationship between the Defendant and D, and the suspicion against D were transferred to E.