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(영문) 서울중앙지방법원 2018.05.08 2018고정636

명예훼손

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 15:00 on August 8, 2017, the Defendant: (a) at the D Gun Council conference room in Jung-gu Seoul, Jung-gu, Seoul Special Metropolitan City, 303, there was no fact that the victim E paid the gas construction cost of the Gun Council owned by the Gun Council twice or embezzled the support money for the ordinary general meeting; (b) while seven persons, such as the president F of the Gun Council, attend a meeting and the steering committee are proceeding, the Defendant embezzled KRW 3.6 million of the construction cost at the time of gas construction of the Gun Council; and (c) embezzled KRW 9.3 million of the support money for the Gun Council in 2006 ordinary meeting, thereby impairing the victim’s reputation by openly pointing out false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (referring to witness F and telephone communications respectively);

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Considering that there are circumstances to consider the defendant's error in depth, motive and circumstance of the crime, violation of the Building Act in 1989 that there is no record of punishment except for a fine imposed once due to a violation of the Building Act in 1989, and that there is no good economic situation for the elderly;