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(영문) 서울중앙지방법원 2019.07.02 2018고정379
명예훼손
Text

Defendants are not guilty. They are ordered to publish the summary of the decision.

Reasons

1. The summary of the facts charged is the representative director of the incorporated association C, and the defendant B is the managing director of the incorporated association C.

In April 2017, the Defendants conspired to invite 3th floor C offices of the building located in Gangnam-gu Seoul Metropolitan Government, and the facts were that victim F, an incorporated association founder, had not been engaged in speculative business for the purpose of raising the company investment through the invitation of investors, and even though there was no fact that the Plaintiff F, an incorporated association, had been engaged in speculative business for the purpose of raising the company investment, the Defendants would attract approximately 4,500 members of the said incorporated association C to raise bonds and investment funds in the name of "E founders and (ju) H-related persons to engage in LPG import and LPG pipeline network business, and the companies would like to engage in the speculative business for the highest purpose of raising investors. In addition, the similar organization E did not know about the fact that it was irrelevant to E, and that there was no need for the establishment of an industrial organization for the purpose of soliciting investors, and that the victims would have been able to express the false facts that the victims would have been able to sell the EPM signboards and to have been able to sell it.

2. Determination

A. The facts constituting the elements of the offense charged are objective or subjective requirements, and the burden of proof is to be borne by the prosecutor. Thus, in the case prosecuted for the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, the fact that the public allegation was revealed, and that the public allegation was false as it does not fit the objective truth, and it was publicly known by the Defendant with the awareness that the alleged facts were false.

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