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(영문) 부산지방법원 동부지원 2017.02.02 2016고정146
명예훼손등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant was the head of the F Housing Redevelopment Project Association in Busan, and the victim G was the member of the above association, and the defendant was dismissed from the office of the head of the association at the general meeting convened by the victim as the representative on August 29, 2015.

On September 8, 2015, the Defendant: (a) proposed by the victim as the representative through lawful procedures; (b) convened a general meeting by meeting the quorum prescribed by the rules of the association; (c) removed the Defendant from the office of the president of the association; and (d) did not embezzled the money of the union members, the Defendant at the office of the head of the association, despite the absence of the fact that he/she embezzled the money of the union members, was released from the office of the above 465 members of the union by voluntarily withdrawing the extraordinary general meeting for the removal and suspension of duties of the president; and (d) there was no quorum and a quorum for the resolution.

(m) A person who was in charge of the office of the representative for the removal of the president of the association and the suspension of the office of the president of the special meeting is a person who was involved in the affairs of the association for a period of four years and seven months by filing a lawsuit for invalidation of the establishment of the association, and who is illegal to hold another special meeting to interfere with

In addition, one member embezzled the same amount of money and sent by mail the F Resource Development newsletter stating "...."

As a result, the Defendant, by pointing out false facts, damaged the reputation of the victim, and spread false facts at the same time interfered with the election of the new president of the association and other affairs of the association

Summary of Evidence

1. A witness G and H’s legal statement;

1. Statement of the police statement related to G;

1. Complaint;

1. Application of statutes related to the F Resource Development newsletters;

1. Article 307(2) of the Criminal Act applicable to the facts constituting an offense, as prescribed by Articles 307(2) and 314(2) and 313 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who commits a crime of damaging a grave reputation);

1. Selection of penalty;

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