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(영문) 창원지방법원 2018.03.13 2017고단4064
공익신고자보호법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person who is aware of the facts charged of the instant case shall inform, disclose, or report to another person the personal information of the person who is a reporter, etc., or the facts for which he/she may be inferred, such as the public interest reporter, etc.;

around May 2013, the Defendant was elected from D Organizations Nos. 14 and May 15, 2016 to the 15th president of the same Council. E, a certified judicial scrivener affiliated with the same Council, was a candidate for the election of the 15th president, and around March 19, 2015, the Defendant made a public interest report to the Busan Office of Fair Trade Commission on the ground that the enactment of D Organization's code of ethics and guidelines for the acceptance of the registration of an aggregate building, including apartment, constitutes an act of prohibition of a business operators' organization prescribed by the Monopoly Regulation and Fair Trade Act, and thereafter D organizations received corrective orders and penalty surcharges around May 17, 2016.

On April 18, 2016, the Defendant sent to 374 members affiliated with the D organization postal items containing the same contents as the attached Form 1 at the Sungwon-si F building and the office of the certified judicial scrivener A, 201. On April 25, 2016, the Defendant sent to 374 members affiliated with the D organization postal items containing the same contents as the attached Form 2 at the same place.

Accordingly, the Defendant knew of the fact that the above E is a reporting person of public interest, and informed another person of the fact that he/she could infer that he/she is a reporting person of public interest.

2. According to the records, the fact that the defendant was indicted as a crime of impairing reputation on August 3, 2017 and the prosecutor’s appeal was dismissed, which became final and conclusive on November 2, 2017 (2017 senior 180,2017 senior 2340 senior 2017 senior 2017 senior 2017 senior 2017 senior 2017 senior 2340). The defendant’s factory office can be recognized as a fact that the defendant sent a mail as above and thereby damages the victim E’s reputation by openly pointing out false facts. The facts charged and the instant case that became final and conclusive.

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