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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
1. On November 9, 2015, the Defendant sent the victim’s text message to the victim’s cell phone (F) from September 25, 2015 to November 11, 2015, at his/her office located in the Dong-si, Gyeonggi-do, that is, the victim D used the victim’s text message “to make an investment of KRW 10,000,000,000, and has been used for ten years or more. There is no damage to the victim, and the E-B lending auction process.” Moreover, the Defendant sent the victim’s text message to the victim’s cell phone (F) from September 25, 2015 to November 1, 2015, as indicated in the list of crimes.
2. On May 10, 2016, the Defendant of defamation sent to G, H, I, and J, etc., that he/she knows that he/she had maintained his/her business relationship between the former Defendant and the victim D and transferred the victim to another business partner, with a text message stating that “D shall bring the data back to the National Tax Service of the Republic of Korea, and bring them back to the K, K, H, L, M, N, and G truck driver's seat and brought them back to the National Tax Service of the Republic of Korea.”
The honor of the victim was damaged by publicly alleging facts.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D, I, orO;
1. Complaint;
1. A written statement submitted at the time of investigating the borrowed account;
1. Photographss and defamation letters after capturing a stimule letter;
1. The application of Acts and subordinate statutes to each investigation report (related to the submission of a certified tax accountant's certificate and additional data submitted by the complainant);
1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 307(1) of the Criminal Act (the point of defamation), and the selection of fines, respectively, for the crime;
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. Penalty fine of KRW 3,000,000 to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59 (1) of the Criminal Act of the suspended sentence (Taking into account the fact that the defendant is the primary offender, the motive and background of the crime, the seriousness of the crime, etc.);