Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person engaged in private taxi driving, and the victim D is the head of the chapter E of the taxi transport business association, private taxi transport business association, private taxi driver.

The victim was the head of the above branch, and did not have embezzled the proceeds from the disposal of the taxi or the membership fees of the taxi association paid by the defendant, but did not have acquired the mutual aid money of the defendant in collusion with the private taxi mutual aid association members.

그럼에도 불구하고 피고인은 2016. 12. 20. 13:30 경 경주시 동부동에 있는 우리은행 앞 노상에서 불상의 행인들이 지나가는 가운데 “D 공금 횡령 자진 사퇴하라. ”라고 쓴 팻말을 들고 서서 게시하였다.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Statement made by the police against D;

1. Complaints - Letters and field photographs;

1. Investigation report (Attachment to materials submitted by a suspect) - Notification, etc. of the results of disposition of a petition case;

1. Investigation Report (Attachment of the relevant non-prosecution case records) - Application of the statutes, such as a copy of the records of non-prosecution case No. 7077 of the office of the central government office No. 2016

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the defendant and his defense counsel's assertion

A. The Defendant stated the true facts about the victim D, such as facts constituting the crime in its holding, for the public interest of the members of the Gyeong-do Private Taxi Transport Business Association E, which is a private taxi transport business association, and thus, the illegality is excluded by Article 310 of the Criminal Act.

나. 피고 인은 위 E 지부 회원 외에 일반인들은 모르게 하기 위하여 들고 있던 팻말에 피해자의 이름만 기재하였을 뿐 자격을 기재하지 아니하였으므로 공연성이 인정되지 아니한다.

2. Determination

A. Whether false facts are false and Article 310 of the Criminal Act.