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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, while operating a computer repair and sales company as “D” in the Yongsan-gu Seoul Metropolitan City market, was a person who performed the general duties of the said market merchants’ association from August 2014 to March 2016, and the victim E, who operated the frequency of “F” in the said market, was a person who worked as a director of the said market merchants’ association from July 2014 to January 2016.
In order to the effect that the injured party embezzled public funds at the merchants' meeting at the time that the injured party worked as a director of the said market when he/she works as a director at the merchants' meeting.
On April 1, 2016, around 19:43, the Defendant refers to the victim who is a dong merchant, G, H, and many unspecified people, before the F cafeteria in the above C market, while complying with it, and “low feass sold KRW 900,000,000 in the merchant’s public fund.”
Along with certain evidence, the Court stated that “I have certain evidence.”
However, there is no evidence that the defendant has, however, limited to the paper for the payment of cash for the merchants' associations of the above market where the source is unknown, and the victim only executed public funds through the resolution of the board of directors of the above market merchants' associations, so the victim did not have embezzled public funds of the above market merchants' associations.
Nevertheless, the defendant openly damaged the reputation of the victim by pointing out false facts against the victim.
Summary of Evidence
1. Each legal statement of witness E and H;
1. In the application of the investigation report (record of statements by telephone of the relevant witness), investigation report (Submission of data by the complainant), list of transfer and takeover books, investigation report (Submission of a merchant's reply letter), one copy of the merchant's reply letter, and the Acts and subordinate statutes governing the filing of a complaint;
1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background of the instant crime; (b) the situation before and after the instant crime; and (c) the age, sex, and environment of the Defendant.