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(영문) 서울중앙지방법원 2017.04.28 2016노5238
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. It is legitimate that the argument Ⅰ victim F is present at the representative meeting and the payment of the travel expenses is based on the management rules, etc.

The Defendant, who is well aware of such fact, received the horse expenses without legal basis as stated in the instant facts charged by the victim F.

Since the facts charged in this case were written, it is sufficient to recognize the guilty.

B. The facts charged in this case, even though not so argued II, is not the case, the defendant's "I amt't know the principle of F', and I amt amt't we have received every money.

By stating that “The victim F, the former Chairperson, was given and received money to G, the latter Chairperson, as “the price for taking the representative position and the representative sense”, and even if the victim F was present at the representative meeting, etc. of the management unit and was paid a marina fee.

Even if it was received in return for the transfer of the representative office of management.

As can not be seen, it is sufficient to find the Defendant guilty of the instant facts charged.

2. Determination:

A. In full view of the following facts: (i) the first instance court received 10,000 won from the time when the victim F was admitted as a representative adviser to the victim G from the time when the victim F had exceeded the seal; (ii) the victim F was not qualified as a representative adviser; and (iii) whether there was no precedent and there was a legitimate resolution at the representative meeting on such modification; and (iv) the victim G’s lawsuit related to the qualification for the chairperson was pending at the time, there was a perception that the statement by the Defendant constitutes false facts or that at least the Defendant was false at the time.

For the reason that it cannot be readily determined, the court rendered a verdict of innocence.

D. The following facts are examined in light of the records: (a) additional evidence submitted in the trial presented in the above circumstances recognized by the first instance court; and (b) the evidence of this case is examined closely in light of the records.

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