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(영문) 수원지방법원 2013.07.04 2013고정1281
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On October 19, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months in the Sungnam Branch of Suwon District Court for fraud, and the judgment became final and conclusive on January 14, 2013.

【Criminal Facts】

The Defendant borrowed money from the friendship D of the victim B (former C) as a fund for camping activities, and did not repay it to the victim, and thereby was at risk of being subject to criminal punishment (No. 2012 type No. 10432 at the Sungnam-gu Office) by committing fraud. In order to gather this, the victim took advantage of his position and gold force as a senior public official of the National Tax Service to put the victim into custody by unfairly intervening in the above case and making the Defendant detained the victim. In order to do so, the Defendant had the victim committed one person’s demonstration, thereby impairing the reputation of the victim.

As such, the Defendant, around August 9, 2012, around 86, Jongno-gu Seoul National Tax Service’s 86-ro 5-ro, Jongno-gu, Seoul National Tax Service’s ruling, while the National Tax Service’s personnel and many and unspecified persons pass, “B (former C) intends to detain the Defendant without being bound by means and methods using the position and gold force in the camping car investment case with friendly women, so, the Commissioner of the National Tax Service ought to immediately dismiss the Defendant.

‘The purpose is to put up a ticket and conduct a one-person demonstration, thereby impairing the honor of the victim by openly pointing out false facts.

In addition, from that time until August 30, 2012, the Defendant committed 17 times in total, such as the list of crimes, thereby impairing the reputation of the complainant by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. An investigation report (in addition to a copy of the A’s written opinion, etc.), an investigation report (the date of demonstration by one person who is the defendant);

1. A complaint;

1. Previous convictions in judgment: Details of the consolidated case inquiry, the summary agreement and assistance of the case, and the application of two copies of the judgment;

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of punishment;

1. Handling concurrent crimes;

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