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(영문) 광주지방법원순천지원 2020.10.28 2020고정116
명예훼손
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On February 8, 2018, the defendant was sentenced to seven years of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Gwangju High Court, and the above judgment was finalized on April 13, 2018.

【Criminal Facts】

On March 2015, the Defendant stated that “In return for hiring as C University Social Welfare and Professors, D received KRW 120,000,000 from E and sent KRW 66 million to 7 faculty members, G and H, i.e., seven hundred and twenty million.”

However, in fact, there was no fact that the defendant received money from E and F for the recruitment of professors and delivered it to the victim H.

The Defendant damaged the reputation of the victim by openly pointing out false facts as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer H prepared;

1. Recording notes;

1. Investigation report (related to D currency of witnesses) and investigation report (related to telephone communications of witnesses E);

1. Criminal records as stated: A inquiry report on criminal records, etc., and application of court rulings and other statutes;

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In this case, the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, the defendant's false statement about the victim is that he/she delivered part of the money he/she received from E or F in the name of a professor recruitment request. It is not that the victim is related to or was involved in the corruption or fraud case, but it is not that the victim has been expressed that he/she was involved in or participated in the corruption or fraud case, so the victim's reputation

In addition, the defendant of this case deceiving E and F by borrowing his teaching employment, as well as the defendant of this case, shall be punished by imprisonment with prison labor for seven years as stated in the criminal records of this case.

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