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(영문) 대구지방법원 김천지원 2016.02.18 2015고정534
명예훼손
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is the owner of the “C”, a business entity specialized in Samchip, and the victim D is the representative of the above “C” franchise, and the Defendant, around February 23, 2014, reported that he was well aware of the victim’s funeral in the vicinity of the victim’s business establishment, and requested the victim to enter into a franchise agreement with the victim, and had the victim enter into the said “C” franchise agreement with April 24, 2015 while operating the said “C” franchise agreement with the victim, and caused disputes with the victim while terminating the franchise agreement with the victim prior to the contractual term agreed upon on April 24, 2015.

On April 25, 2015, the Defendant: (a) did not sell the meat and kimchi products supplied by the damaged person to a franchise store in the Gu, Si, Si, Si, Gu, and Gu; (b) on April 25, 2015, with excessive profits; (c) despite that there was no fact that the damaged person sold them to the franchise store; (d) the Defendant’s math of food so supplied by the representative (victim) to G is not more than 2,00 won, but more than 2,00 won, known to Korea.

“.....”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of the witness D, E, F, and H (ricking point);

1. Statement made with D;

1. Each written statement of E, F, I (her husband of JJ that occupies the rooftop), and H;

1. The portion of the statement by the N's telephone representing the M of the K-typedong representative L, among the recording recording (in the face of 33 pages of investigation records);

1. The Director of the Customer and the Director of the Investigation Report (supply Unit Investigation) [The person who led the conversation on the day, the person who led the conversation on the day, the degree of perception of the seriousness thereof, the contents of testimony of the witness on the preparation of each written statement in the ruling, the relationship between the defendant and the victim at the time, the defendant on the day of the above meeting recorded the conversation with the business owners, and the explanation about the motive at the time of the police investigation is not well-founded, and the record on the recording submitted to the police is among the entire contents of the conversation for about two hours.

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