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(영문) 서울남부지방법원 2016.07.14 2015고정2479
명예훼손등
Text

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

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the head of Geumcheon-gu Seoul apartment management office, and the defendant B is the chairperson of the above apartment occupant's representative meeting on his/her behalf, and the victim F (45 years, remaining) is the person who was the chairperson of the above apartment management office.

The victims are not elected by five of the total number 19 of the 19 representative members stipulated in the apartment management rules, and the chairman of the election management committee tried to implement a special election as the chairman of the election management committee, and the defendants have conflict with the victims about the necessity of the special election, such as refusing the request of the victims to attach official documents related to the special election.

1. On October 30, 2014, the Defendants: (a) sent five or more official notices to verify whether they are qualified as election management members under Article 35(2)-8, 9, and 10 of the E Apartment Management Rules; (b) on October 30, 2014, the Defendants sent the notice of promotion to (F) the election management members on October 29, 201; (c) received confirmation from the recipient; and (d) as such, the Defendants deemed that there was no intention to submit the notice of promotion; and (e) as there was no response to the notice of promotion of election management members on October 30, 2014.

A public notice stating " was attached on the bulletin board of 100 apartment buildings."

However, on May 26, 2014, the victim submitted a written inquiry about the criminal history of the victim to the apartment management office, and the inquiry about the criminal history of the above crime was all recorded in the five-year criminal experience as stipulated in the apartment management rules.

As a result, the Defendants conspired to publish false facts by attaching a public notice stating as if the injured party did not submit one time a criminal history inquiry report, thereby hindering the duties of the victim F as the chairperson of the above apartment election management committee and impairing the reputation of the victim by openly pointing out false facts at the same time.

2. On November 10, 2014, the Defendants interfere with business and defamation.

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