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(영문) 서울중앙지방법원 2018.09.17 2018고정1510
명예훼손등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

[Presumption Facts] On September 29, 2016, the victim C was entrusted to a certified judicial scrivener operating the “certified judicial scrivener C office” in Article 230 of Jongno-gu Seoul D D Building, and the client E applied for a voluntary auction on the above real estate on October 4, 2016, at the commission of KRW 2,163,00 (1,587,000 for procedural expenses, such as service charges and stamp charges, and KRW 576,00 for repair, etc.).

On October 7, 2016, the Seoul Central District Court denied the existence of the obligation to E on October 25, 2016, and filed a lawsuit to cancel the registration of the establishment of the right to collateral security established on the said real estate. On June 23, 2017, the Seoul Central District Court decided to recommend settlement that E pay KRW 6 million from the Defendant and at the same time cancel the registration of the right to collateral security. However, the Defendant did not pay KRW 6 million to E up to the day.

[Criminal facts]

1. On November 14, 2017, the Defendant of defamation: (a) there are many and unspecified persons, such as residents entering and leaving the D building in which “A certified judicial scrivener C office” in the operation of the victim is located; (b) “C judicial scrivener has a smelled from 1 to 2000,000 won of the auction commission fee from 200,000 won to 300,000 won of the auction commission fee from 1 to 300,000 won.”

After the end of the lawsuit, E Indition Reconciliation has been applied for more than one year, from the former court ruling to the C Judicial scrivener has returned 30,000,000 won to the end of the lawsuit, and there is also a way to compensate for mental damage which has not been appropriately performed for one year.

The victim’s reputation was damaged by openly pointing out false facts by putting one person’s demonstration on the paper B stating the content of “.”

2. The Defendant shall be located in front of the building by the resident or the building having access to the D building at the time, time, and place described in paragraph 1.

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