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(영문) 울산지방법원 2017.12.14 2017고정27

명예훼손

Text

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

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

Reasons

Punishment of the crime

On April 2014, the Defendant entered into a contract of transfer with the victim E as to a limited company C (the change to D company with limited liability on February 1, 2016) in which he/she had worked as the representative director, and the victim has acquired and operated the limited company C at that time.

However, the defendant asserted the invalidity of the above transfer contract, and filed a complaint against the victim in February 2016 with the Ulsan East East Police Station in embezzlement, etc., and did not have good appraisal.

On March 29, 2016, at the defendant's office located in Gwangju Northern-gu 101dong 1105, the defendant filed a complaint with the Seoul Northern-gu Office on March 29, 2016, on the International Asset Trust and M&A, Inc., a partner of the limited company C, "The victim is making serious damage and intimidation to the creditors and the defendant invested in the present place of business only by falsity and the flag, and the victim is punished by a fine, and the victim is under investigation after being accused of the above seal of the letter of transfer agreement, embezzlement and embezzlement.

The victim does not have the amount of one percentage, and only the other's weak points and instruments are the day of this project.

“A statement to the same effect as the statement was sent to a content-certified mail along with each other, thereby undermining the honor of the victim by openly pointing out facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes certifying the content (international asset trust financing) and certifying the content (MN building offices in MN);

1. Relevant provisions of the Criminal Act and Article 307 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;