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(영문) 인천지방법원 2019.05.17 2019고정314
명예훼손
Text

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

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

Reasons

Punishment of the crime

On July 6, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Incheon District Court on October, 201, and the judgment was finalized on December 29, 2018.

The defendant is the representative liquidator of the liquidation committee of the B apartment reconstruction association in Seo-gu Incheon, and the victim C is the vice-chairperson and the chairperson of the above apartment.

On May 8, 2018, the Defendant: (a) rendered a winning of the cost amount of 6 billion won from the court through the defect repair lawsuit with the above apartment construction project; (b) filed an appeal by the construction project and the victim was in the process of the lawsuit; and (c) sent a document stating that “The victim shall be prevented from receiving written consent from the residents to repair the defects of the construction project” to the 3,31st generation of the above apartment at a non-permanent site on May 8, 2018; and (c) sent by mail a document stating that “C shall make a statement about whether the performance of duties by proxy of the chairperson is arbitrarily desired to repair the defects from the construction project without the resolution of the council of occupants’ representatives; and (d) instigated the occupants to agree to repair the defects of the construction project without the resolution of the council of occupants’ representatives.”

However, in fact, the victim was made by the resolution of the council of occupants' representatives.

Thus, 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. An interrogation protocol of the police against the accused (two times, replacement);

1. Each police statement of C or D;

1. An investigation report (related to submission of materials by a complainant), an investigation report (Submission of additional materials by a complainant), an investigation report (the statement by a complainant), an investigation report (the statement by a complainant), an investigation report (the statement by the chairperson of the pre-council of occupants' representatives other than a case) and an investigation report (the

1. Previouss before ruling: Judgment of the Supreme Court's inquiry, each of the judgment, and the defense counsel's arguments

1. The argument.

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