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(영문) 서울중앙지방법원 2014.08.21 2014고단4153

명예훼손등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a member of the “E Reconstruction Project Association” whose victim D in Dongjak-gu Seoul Metropolitan Government is the head of the association.

around October 24, 2013, the Defendant spent 8,09,90 won on the Defendant’s house located in the Dongjak-gu Seoul Metropolitan Government F and 301, and 330 members of the E Rebuilding and Improvement Project Association: “D and G have been engaged in up to 42,00,000 won for operating expenses approved by the general meeting at the time of promotion. The residents’ money is in line with their own mind.” “D has been spent for business promotion expenses, welfare expenses, reserve funds, meeting expenses, etc., on the pretext of having been available for 371 times from May 2013 to August 2013, and all business promotion expenses and welfare expenses were presumed to have been spent at the expense of the members of the E Rebuilding and Improvement Project Association, so it is presumed to have been spent at the expense of the members of the EM and to have been spent at the expense of the members of the EM 32,95,131.00 won as of August 28, 2013.”

However, the Defendant, even though the Defendant was merely paying the outstanding amount used before the Defendant, rather than using the operating expenses in excess of the operating expenses, stated the operating expenses as if they were used in mind in excess of the amount approved by the general meeting. Even though the Defendant did not have used the operating expenses as the drinking value and the meal expenses, the Defendant calculated all the welfare expenses and the operating expenses as using the drinking value and the meal expenses, and entered all the KRW 32,958,131 as if the victim used them as the drinking value and the meal expenses. The Defendant used his monthly wage for one year while operating the H “H”, but the victim used it as the “H” while operating the “H” for one