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(영문) 부산지방법원 2013.10.24 2013고정585

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From September 1, 2010 to August 31, 2012, the Defendant, who was the president of the Busan High-gu D apartment council, Busan High-gu council of occupants' representatives, tried to change the entrusted management company prior to the expiration of the entrusted management period of the victim E on October 31, 201, the expiration date of the entrusted management period of the (ju)F, which was the head of the Management Office, in relation to the management of the above apartment.

However, in order to form a public opinion on the replacement of an entrusted management company prior to the residents' voting, as a result, some residents of the committee established and opposed to the establishment of an emergency countermeasure committee, thereby impairing the honor of the victim by openly pointing out false facts on two occasions as follows.

1. On September 23, 2011, the Defendant posted on the bulletin board of the said nine entrances of the apartment, and on the bulletin board of 18 Libers, one copy of the title “E Management Director shall be informed about the 3rd floor of the underground parking lot without a consent of the resident representative council,” the promotional materials stating that “The E Management Director shall be informed about the 363 residents of the said apartment without a consent of the resident representative council and the council of occupants’ representatives.”

However, the facts, however, have been prepared as if the victim was dealt with voluntarily even though the victim received the business report from the victim in relation to the establishment of the above table or the election of three representatives of the Dong.

In the end, the Defendant damaged the reputation of the victim by openly pointing out false facts.

2. On October 11, 201, the Defendant disclosed the use of KRW 59,100,000 deposit for management expenses, and documents relating to the management office’s arbitrarily without the approval of the council of occupants’ representatives, in four copies of the A4 form, “an article with a thickness of residents” at the neighborhood meeting of each of the above apartment units.