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(영문) 대전지방법원 2015.02.04 2014고정1505
명예훼손
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On April 21, 2012, the Defendant purchased and operated a child-care center located in Daejeon-gu E from the victim C and his husband D.

On January 25, 2011, the Defendant entered into a lease contract with the victims on the condition of the transfer of ownership after two years of the real estate brokerage office of Daejeon Sung-gu, Daejeon. At the time of entering into the contract, the Defendant entered into a lease contract with the victims on the said childcare center of KRW 416 million. At the time of entering into the contract, the amount of 14 square meters out of the site area of the said childcare center was the victim’s name, and there was no deception against the victims about 49 persons who are authorized for the childcare center.

Nevertheless,

1. On April 10, 2012, the Defendant: (a) at the Daejeon-gu H office, Daejeon-gu, Daejeon-gu; (b) on the part of the I and his husband’s name, the Defendant drafted a sales contract in order to evade transfer tax by fraudulent means; and (c) on the part of the seller, the E seller left 14 square meters that the building-to-land ratio should be satisfied to separate the building, and sold and purchased the building by fraudulent means. On the part of the seller, the Defendant: (a) sold the building with the broker and fake real estate by publicly alleging false facts to the effect that the number of persons authorized to engage in the sale and purchase of the building was not absolutely increased; (b) the number of persons authorized to engage in the sale and purchase of the building was 49 persons; and (c) sold the building by fraudulent means.”

2. On May 8, 2013, the Defendant damaged the reputation of the victim C by openly pointing out false facts that “C planned a kindergarten in advance and sold real estate on its own side because it is necessary for 14 square meters, as C planned to do so, and sold real estate by fraud.”

3. On September 30, 2013, the Defendant sold 14 square meters in order to authorize a kindergarten, among the following: (a) there was a person who was unable to obtain a name from the J and her husband; and (b) there was a person who was not the husband of the J and her husband.

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