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(영문) 창원지방법원 통영지원 2013.12.24 2013고단449
명예훼손
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person who was the secretary general of C (hereinafter referred to as “C”) of an incorporated association from around 2007 to February 2010, and the victim D is a person who holds important intangible cultural heritage E and is the chairperson of C from 1978 to 1978.

At around 15:00 on May 4, 2008, the Defendant: (a) donated the land in which approximately 30 members, such as F, and were in the bus back to Gyeongsung-gun in Incheon city, the Defendant arbitrarily sold the land and did not donate the money to C; (b) embezzled the construction cost of KRW 1,00,000 of the construction cost of the E (E). The Administrator of the Cultural Heritage Administration does not transfer the head of the Tong to the secretariat and executes the passbook in mind; (c) promises to contribute 50% of the holding cost to C when designating human cultural heritage or teaching assistants. The Defendant embezzled the money by executing the management expenses of the transfer hall as unjust enrichment without mind.”

However, the fact that G land was sold by the board of directors through the procedure for the consent to sale, and the victim did not have embezzled the construction cost of E, and there was only the fact that it was transferred from the account where the subsidies from the Cultural Heritage Administration were paid to the account managed by the defendant except for part of the personal transfer subsidy and the group transfer subsidy that he was paid with the consent of the members, and there was no embezzlement in mind. The transfer officer's operating expenses also did not constitute embezzlement such as embezzlement by allowing H to work as the executive secretary with the consent of the members, payment of personnel expenses, and obtaining approval from the Sung-gun Military Office.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

In addition, the Defendant, as described in the attached list of crimes, shall broadcast microbroadcastings over 10 times from May 4, 2008 to January 2013.

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