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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. From July 2001 to March 31, 2006, the Plaintiff is the former president of the Jongno-gu Seoul Metropolitan Government Association for Autonomous Management of Commercial Building 10 and 11th floor. The Defendant is the former president of the said Association for Autonomous Management from January 201 to April 2009. Meanwhile, D is a person who leased the said 10th and 11th floor from November 2004 to April 2009 and operated “E”.
B. On December 14, 2015, the Defendant filed a criminal complaint with D on March 23, 2009. The Defendant did not receive money and valuables from D in return for the reduction of rent, etc., and transferred the deposit and rent received from D to the president, and did not embezzled it, the Defendant: “The executive officers of the 10,11th floor building thickness shall be reported urgently by the executive officers of the 11st floor building" to 250 members of the above shopping district autonomous management association without any embezzlement of the said money and rent. The president of the dedicated president received the back amount of KRW 5 million from D lessee several times, and A filed a criminal complaint with D on March 23, 2009. The members of the e-mail had not been paid rent to the members by using the lessee’s revenue and the 5th floor of the 10,000 won subsidy and the e-mail had been prepared by the post office “the 50,000 won subsidy and the 50,0000 million won subsidy.”
C. The Defendant was indicted for defamation due to the sending and delivery of the instant documents, and the court issued a summary order of a fine of two million won against the Defendant. The Defendant filed a formal trial. On November 29, 2017, the Seoul Central District Court (2017 High Court Decision 1686) declared a fine of two million won by recognizing that the Defendant had damaged the Plaintiff’s reputation by openly pointing out false facts with respect to the Defendant. The Defendant appealed and appealed, but the Defendant appealed (Seoul Central District Court 2017No4637) and appealed.