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(영문) 부산지방법원 2017.08.10 2017고정117
명예훼손
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is the owner of Seo-gu Ctel 201, Seo-gu, Busan, and the victim D is the owner of the above officetel 903, and from June 23, 201, he/she is the representative meeting of the occupants of the above officetel.

Around June 30, 2015, the Defendant filed a complaint with the victim for occupational embezzlement, etc. on or around November 25, 2015, but was subject to a disposition not suspected by the Busan District Public Prosecutor's Office (No. 92528 of the Busan Local Public Prosecutor's Office) on or around November 25, 2015, and upon receipt of a decision to dismiss the complaint from the Busan High Public Prosecutor's Office (No. 2015 of the Busan Local Public Prosecutor's Office) and around December 29, 2015, although the victim was aware that he/she was not embezzled, the Defendant filed a lawsuit seeking payment of KRW 12,873,722 of the unpaid management expenses against the Defendant at the representative meeting of the owner of the above officetel (the lawsuit claiming management expenses (No. 101238 of the lawsuit) at the Busan District Public Prosecutor's Office (the above occupant's representative meeting was sentenced to a favorable judgment on November 30, 2015).

It was known that he had been in mind.

1. On March 17, 2016, the Defendant distributed false printed materials to the 12th floor representatives and occupants of the 12th floor group in the absence of the fact that the injured party embezzled the above officetel funds, thereby impairing the reputation of the victim by publicly pointing out false information by publicly distributing the analysis table of transaction performance (in the internal station) stating the contents of “D president’s duties: 81,784,643 won to the 12th floor group representatives and occupants.

2. The Defendant’s transmission of false Kakao Stockholm text messages against the owner of the said officetel 701 and many residents of the said officetel from the beginning of March 2016 to the end of March of the same year.

3.17. Written Consent and power of attorney is not unlimited.

This is because D is the total amount of management fees collected as of January 26, 2016, and the amount to be accumulated is 263,118,771.

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