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(영문) 창원지방법원 2020.03.27 2018고정445
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

[Amount of the crime] The Defendant, who was the president of the Association B (hereinafter “Association”), had been willing to send documents that contain false facts to the above Association members as a result of the victim C and the embezzlement of public funds.

At around 15:41 on February 10, 2017, the Defendant connected to the e-mail account in the name of E, who was an employee of the Defendant at the above D Museum’s office, and the facts were, notwithstanding the fact that the victim and the Secretary-General F produced and misappropriated the Defendant’s seal without permission, the Defendant sent e-mail to the members of the above Association 169 “The problems in consultation and operation of the C Chairperson ( abuse of authority / Articles of Incorporation/ Violation of the Articles of Incorporation/Autonomous Association Operation) and the progress report of the executive director A on the embezzlement (misappropriation/ abuse of authority) of Association official money as shown in the attached Table II No.2.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C, F, and E;

1. The defendant and his defense counsel's legal counsel's legal counsel's legal counsel and the defendant's legal counsel's legal counsel and the defendant's legal counsel delivered a report prepared by the defendant to the Association members through the e-mail account in the E-mail account as stated in this part of the facts charged. However, since the defendant did not allow the victim or the F to produce the seal, the contents of the report are not false, and it concerns the public interest of the Association members. Thus, the defendant recognized that the content of

This part of the facts charged was denied because there was no purpose of slandering the victim.

However, in light of the following circumstances that can be recognized by the evidence duly examined and adopted by this court, the defendant's consent is given to some association documents.

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