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(영문) 부산지방법원 동부지원 2017.06.29 2017고정498
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is a resident of the Busan-gun apartment, and the victim D is the head of the same apartment management office.

On November 16, 2016, at the monthly meeting of the C Apartment Community Center around November 11:30, 2016, the Defendant is required to request for a special audit at Busan City City, since there are about 30 members of the senior citizens, who are gathered in that place, “The head of the management office, in violation of various positive laws, commits a breach of trust and embezzlement of the management office assets, thereby preventing the damage to the residents.”

The Director of the Management Office embezzled apartment assets by personally investing in stocks, embezzled 4,00,000 won in the passbook of the long-term repair reserve fund, paid construction expenses without receipts, and paid illegal construction without the resolution of the meeting of the representatives of occupants.

The Director of the Management Office embezzled the proceeds of scrap metal sales without depositing KRW 62 million at the time of replacement of an elevator, paid the unnecessary supervision costs of KRW 30,000,000,000 for the construction, and the compensation for the construction was not paid in delay, and the construction cost of KRW 86,40,000 for the automatic installation was illegally remitted to the Housing Management Office.

By showing the incentive "for the C apartment resident" to the effect that it is "for the purpose," it damages the honor of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to “C apartment occupants”

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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