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(영문) 의정부지방법원 고양지원 2014.07.29 2013고정1805
명예훼손
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who had resided in the C Apartment Complex in Pakistan, and had the president of the council of occupants' representatives in charge of the above apartment complex.

On February 20, 2012, the Defendant attended the general meeting of the council of occupants' representatives held at the meeting room of the apartment complex as above, and there are 20 representatives such as D, E, etc. and residents. The Defendant distributed printed materials (hereinafter the instant printed materials) to the effect that “F, a management director, abused his/her position in the process of selecting a cleaning company, forced him/her to select a happy future with G and happyly by abusing his/her position, embezzled public funds in the resident audit, etc., and intentionally entered into a contract with a low amount of money in relation to the bidding before sunrise, and entered into a contract with an advanced advertiser in relation to the bidding before sunrise, and received meal expenses by reducing KRW 1 million from the advanced advertiser, and does not disclose the passbook while keeping and using public funds as personal passbook, etc.”

However, in selecting cleaning companies, the representative meeting in which the defendant et al. participated, did not force the victim F to select cleaning companies as cleaning companies, and the victim F did not compel it to do so, after consultation and decision of the council of occupants' representatives in the contract with the tender and the advanced planning department within sunrise and sunrise market, only carried out the contract with the alle market tender and the advanced planning department, and did not enter into the contract at will at a low price, and there was no involvement in all acts of interest, such as there was no fact that the public fund was kept in the personal passbook of the victim.

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

2. As to whether the Defendant distributed the instant printed matter at the above date, time and place, there are statements from F in this Court and investigative agencies as evidence corresponding thereto, but the following points are considered.

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