beta
(영문) 수원지방법원 2016.05.12 2016고정693

신용훼손등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. In fact, on July 20, 2013, Defendant A and the victim C entered into a contract for the construction of a multi-family house D in Suwon-gu, Suwon-si, Suwon-si, and Defendant B are in a de facto marital relationship with Defendant A.

2. On March 19, 2014, the Defendants were under auction process on the front door of the victim’s building located in Suwon-gu, Suwon-si, Suwon-si and the window of the first floor stairs inside the building. “The owner of this building does not pay 15 million won for the construction cost, and the Defendants did not pay 15 million won for the construction cost.

This letter is subject to civil or criminal liability when damaging it.

E The representative A posted a notice "A".

However, even though Defendant A was unable to exercise the right of retention because he was unable to occupy the victim’s building after completion of construction, the Defendants posted a notice containing false facts to mislead unspecified persons to believe that he is in the exercise of the right of retention.

As a result, the Defendants conspired to spread false information as above, thereby damaging the victim C’s credit.

3. The sole criminal conduct of Defendant A;

A. From March 20, 2014 to April 16, 2014, the Defendant damaged the victim C’s credit by continuously posting a notice stating the false fact that “in the exercise of the right of retention” is being posted at the entrance of the victim’s building (seven times) despite the person’s removal of the notice.

B. After the Defendant newly constructed and delivered a building on the part of the victim’s ground to the victim in Suwon-gu, Suwon-gu, Suwon-si, the Defendant infringed upon the residence, posted a notice containing false facts to the lessee, and spread false facts to the lessee, even though he did not have the right to access the building. (1) On March 28, 2014, the victim’s building where the Defendant was working to attach a notice on the inside of the entrance of the victim’s building.