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(영문) 부산지방법원 2012.12.20 2012고정2148

명예훼손

Text

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

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

Reasons

Punishment of the crime

The defendant is a creditor of C Co., Ltd., and the victim D is a person who is in office as a custodian of C Co., Ltd.

1. On September 201, 201, the Defendant visited E, a member in charge of the Changwon-dong, Changwon-gu, Changwon-gu, Changwon District Court civil affairs11, which was located in Changwon-gu, Changwon-si, Changwon-si, and damaged the victim’s reputation by openly pointing out false facts to the effect that “If there are many victims of irregularities, the manager D was investigated or detained at the Busan District Prosecutors’ Office, the Busan District Mutual Savings Bank case was in the course of the investigation at Busan District Prosecutors’ Office, and is expected to be investigated and detained upon the completion of the Busan District Mutual Savings Bank case.”

2. The Defendant: (a) around October 201, at the coffee shop located in Busan District Prosecutors’ Office located in the Busan District Prosecutors’ Office located in the Busan District Prosecutors’ Office, and (b) at the Busan District Prosecutors’ Office located in G located in the Busan East-gu G, the Defendant damaged the reputation of the victim by openly pointing out false facts, including false facts, even though the victim’s fraudulent act is not obstructed, or the proceeds from the sale of the K apartment and does not escape or are not dismissed from the manager. At any time, the Defendant might run away with the proceeds from the K apartment, which is a management building, at any time. As such, the Defendant might run away from the court. As a result, the manager would be dismissed from the manager when the internal petition was filed with the court. Moreover, the Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of witness D, F, J, E, and I;

1. A complaint;

1. Application of Acts and subordinate statutes confirming facts

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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