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(영문) 대구지방법원 김천지원 2017.09.05 2017고정270
명예훼손
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In early October 2015, the Defendant embezzled various expenses, including apartment management fees, to 20 residents E, F, G, H, I, J, K, M, M, N, M, P, Q, Q, R, M, T, U, V, W, and X, even though the victim D, the president of the conference of the former occupants of the above apartment, has not embezzled various expenses, including apartment management expenses, in spite of the absence of such embezzlement.

“The honor of the victim was damaged by publicly alleging each false fact.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made against D or Y;

1. Each fact-finding certificate;

1. The application of Acts and subordinate statutes to a copy of audit report on financial statements, a copy of certificate of the result of disposition of the case of internal investigation, a copy of written consent of residents

1. Relevant Article 307 of the Criminal Act and Article 307 (2) of the Criminal Act and the choice of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant appears to have made a statement to the apartment residents as stated in its holding, and there is no reasonable ground to believe that the Defendant was true.

Therefore, the defendant and his defense counsel's assertion that the defendant's act is not illegal pursuant to Article 310 of the Criminal Code is not accepted.

① The Defendant filed a petition with the Daegu District Public Prosecutor’s Office Kimcheon Branch Office to punish the victims as embezzlement, etc., and the above Kimcheon Branch Office rendered a disposition that there was no suspicion against the victims around September 25, 2015.

(2) The Z accounting firm shall provide for accounting concerning the management expenses, etc. for the apartment of this case around February 5, 2015.

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