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(영문) 서울북부지방법원 2018.01.12 2017고정384
명예훼손
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

The criminal history of the crime (Defendant A) is the chairperson of the family council C, and the victim D is the person who was the chairperson of the family council from March 201 to March 2016.

1. On July 5, 2016, the Defendant: (a) at the closed-class office of the family council around July 5, 2016; and (b) notwithstanding the absence of the fact that the victim embezzleds the expenses incurred in the proceedings that were undertaken at the closed-class meeting, the Defendant written that D, without reporting to the board of directors, 1.3 million won as the H litigation case in the year 2013 through 2014, while seven members, such as the closed-class meeting, E, F, and G, attend the meeting and the meeting of executives is underway.

The victim’s reputation was damaged by openly pointing out false facts by stating that “The money brought to J bank without a tax invoice of KRW 13 million was embezzled or taken up with KRW 27.8 million.”

2. On July 12, 2016, the Defendant: (a) at the closed-end office of the family council around July 12, 2016; (b) notwithstanding the absence of the fact that the victim embezzleds the expenses incurred in the lawsuit that was proceeded at the closed-end meeting; (c) thereby impairing the honor of the victim by openly pointing out false facts to the victim while attending the closed-end meeting by 21 members, such as E, K, and G, and a temporary board of directors, “at least KRW 27 million without receipts during the course of the lawsuit, and at least KRW 10,00 won during M during the period from September 29, 2014 to February 29, 2016; and (d) approximately KRW 16,000,000 in cash, the other place of use of which is unclear, was revealed to have useful a closed-end public fund of at least KRW 50,00,000.”

Summary of Evidence [Defendant A]

1. Entry of the defendant A's partial statement in the first trial record;

1. A witness M or I's legal statement;

1. Part of the witness G's statement in the third public trial protocol;

1. Each police statement made against G, D, or M;

1. Complaint;

1. Investigation report (to have a witness I telephone conversations);

1. Minutes of the temporary board of directors on November 2012 ( November 5, 2012), current status of litigation-related expenses, data on the distribution of the temporary board of directors on April 29, 2016;

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