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(영문) 서울중앙지방법원 2013.12.13 2013고정4000
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant borrowed KRW 10,00,00 from the office of the 9th floor of the Seoul Central District Office (Seoul Central District Office) (hereinafter “Defendant”) around August 30, 2010, “A (Defendant) borrowed the borrowed money to E, but may go beyond all the responsibility of F City E, and provide a vindication for E., and the principal has borrowed the borrowed money to E, and he has filed a complaint with the Incheon Central District Prosecutor’s Office (hereinafter “E”), and then, the Defendant sent it to E and his family members with the intention of saving the morale, the thickness of the fraud, and the contact with Ha, and even in the future, the Defendant and the Defendant’s company during the loan lawsuit, and sent it to Ha life, such as the confirmation of the facts that the Defendant and the Defendant’s company agreed to the above husband’s life.

However, there was no fact that the victim obtained money from the defendant.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The Defendant’s partial statement of the police interrogation protocol of the police interrogation protocol of the Defendant (a statement that E called the Defendant and demanded E to borrow money while requiring money, and that E’s children’s deposit into the F’s account would have no of the E’s own account. As such, the Defendant: (a) confirmed to F whether he/she was the F’s account; and (b) transferred money to F because he/she confirmed whether he/she was the F’s account; and (c) 174 pages of the investigation record.

1. A copy of each judgment;

1. Application of the Acts and subordinate statutes to the Seoul High Court's decision on dismissal of application for adjudication;

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

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

1. The order of provisional payment;

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