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(영문) 서울북부지방법원 2016.07.14 2016고정188
명예훼손등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is a person who was a partner of the Housing Redevelopment Development and Improvement Project Association, and the victim D is the head of the above association.

1. The Defendant led the victims of defamation, who received authorization for the establishment of an association, led by the victims of defamation to raise a complaint against the operation of the association, and distribution false leaflets, etc. to the effect that the victims caused damage to the association did not pay for the operation of the association.

A. On April 17, 2015, the Defendant: (a) at the Defendant’s home located in Seongbuk-gu Seoul, Seoul; and (b) in the settlement of expenses related to the general meeting for selecting a contractor, the foregoing union and the victim did not have any relation to the union and the victim; and (c) notwithstanding the absence of the fact that the victim embezzleds KRW 1,146,00,000 for the expenses relating to the general meeting for selecting the contractor, the Defendant shall disclose

1,146,00,000 out of the expenses of the general meeting is not embezzled by D.

The term “emergency notice” was prepared, and distributed to the said members, thereby impairing the honor of the victim by openly pointing out false facts.

B. On May 1, 2015, the Defendant, at the Defendant’s house, prepared and managed the detailed details of operating expenses in accordance with relevant regulations, such as the Urban and Residential Environment Improvement Act, when withdrawing and using operating expenses of the partnership in the said partnership, and did not have embezzled operating expenses. However, it is determined that “the head of the partnership D January 23, 2009” of the instant facts charged as “the date of January 23, 2009” is deemed to be a clerical error of “the date of January 23, 2009.”

From 10

2. In 24. Around 24.24., a cooperative’s operating expenses amounting to KRW 30,600,000 and collected this money by means of not entering it in the expenditure account book. The president of the cooperative embezzled the amount of KRW 1,146,00,000 at the general meeting’s expense, and thereby, the victim’s reputation was damaged by openly distributing it to the said members by openly pointing out false facts.

(c)

The facts at the defendant's house on May 24, 2015 are true.

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