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(영문) 수원지방법원 2018.09.13 2016고정1121
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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

On September 10, 2015, the Defendant, using a portable phone on September 12:11, 2015, fully operated the gender of the ordinary general meeting of 2,300 members of the Victim B (hereinafter referred to as “victim B”) and their families.

The written resolution has been forged.

After the end of the general meeting, I entered in the list when paying KRW 20,000.

There are 120 or 120 persons so received.

C directly received by C.

The text message of this case was sent.

However, on April 12, 2014, there was no fact that the victim C, who is the president of the union, operated the gender of the general meeting of the union or operated the gender evidence of the union.

Accordingly, the Defendant damaged the honor of the victims in the form of an information and communications network for the purpose of defameing the victims four times from September 10, 2015 to October 23, 2015, such as the guilty portion of the attached list No. 5 and the part of the 6, 7, and 8 years.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the minutes of the annual meeting, 2014;

1. Judgment confirming the invalidity of a general meeting (the Suwon District Court Decision 2015 Gohap 2099);

1. Disposition of the fixed price for the effect of the general meeting (2015Kahap133, Suwon District Court Decision 2015Kahap 133) / The defendant did not intend to manipulate the sexual resource or manipulate the evidence of the general meeting of the association on April 12, 2014, but did not intend to defame the victim's association or the president of the association.

The argument is asserted.

On April 12, 2014, the stenographic records of the general meeting of shareholders include changes in the members present at each hour.

According to this, 70 members who did not submit a written resolution and directly attended were 70 members at the time of final report of gender origin.

Therefore, it is possible to submit a written resolution and to know only the fact that 162 members were at the time of the initial report of gender origin, and when the final report of gender origin was made by the submission of a written resolution, it has been increased to several persons accurately at the time of the final report of gender origin.

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