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(영문) 인천지방법원 2020.11.13 2020노555
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Although the facts alleged in the summary of the grounds for appeal are exaggerated, it cannot be readily concluded that the facts were objectively false, there are justifiable grounds that the defendant believed to be true, and the facts against the buyer for the public interest as the representative of the buyer, and the court below which found the guilty of the facts charged in this case to be erroneous in matters of mistake of facts and misapprehension of legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court determined that: (a) the victim: (a) purchased a G hotel room with a Japanese branch; and (b) promised to pay the proceeds from the hotel operation, unlike other buyers; (c) D paid the proceeds of the sale in lump sum; (d) failed to receive the proceeds of the agreement; and (b) failed to obtain the transfer registration of ownership of a house purchased differently from other buyers; (c) the victim demanded the Si event and the return of the proceeds of the sale in lots and payment of the agreed proceeds to H, the asset operator entrusted with the said hotel on behalf of the victim; (d) the Defendant, the representative of the management body of the said hotel branch, was well aware of the above circumstances; and (d) demanded the victim to submit data related to the sale in lots; and (d) D, unlike other buyers, paid the proceeds of the sale in lots in lump sum; and (e) D, demanded the victim to return the proceeds of the sale in lots to his account under the name of the purchaser; and (e) requested the victim to obtain confidential or any confidential agreement.

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