Defendant

A A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendants are people running real estate brokerage business.

1. Defendant A, at the G real estate office located in Gangseo-gu Seoul Metropolitan Government around spring 2012, the fact that the Defendant filed a complaint against the Victim H as a crime of assaulting marriage, despite the absence of the fact that the Defendant filed a complaint against the Victim H, Defendant A injured the Victim’s reputation by openly pointing out false facts.

2. Defendant B, at the K real estate office located in Gangseo-gu Seoul Metropolitan Government, around spring around 2012, destroyed the honor of the victim by openly pointing out facts, by stating that “A has made a telephone to the general F, but A has filed a complaint with the president H as a crime of assaulting marriage.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness H;

1. Application of the Acts and subordinate statutes on the protocol of examination of witness to the witness F and J;

1. Defendant A of the pertinent legal provision on criminal facts: Article 307(2) of the Criminal Act; Defendant B of a fine: Article 307(1) of the Criminal Act; Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the allegations by the Defendants and defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Defendant A’s act asserts that illegality is excluded pursuant to Article 310 of the Criminal Act.

There is no room to apply Article 310 of the Criminal Code to the act that constitutes defamation by the statement of false facts.

(see, e.g., Supreme Court Decisions 92Do234, Apr. 13, 1993; 2010Do2690, May 9, 2012). The foregoing assertion is rejected.

2. Defendant B

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court, which are, ① the difference between the defendant, J, L and the victim, are bad, and ② the difference between the defendant, J, and L and the victim, are acknowledged in accordance with Article 310 of the Criminal Act.