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(영문) 대전지방법원 2014.11.05 2014고정271
명예훼손
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

1. The victim of defamation C is a person working as the head of the administrative office of the E-Medical Center located in Daejeon Daejeon-gu from October 2009 to April 2012, and F is a person awarded a contract for the foregoing medical care center interior work on June 9, 2012, and the Defendant is a person awarded a subcontract from F to F.

On May 10, 2013, the Defendant stated to the effect that “The Defendant would have paid KRW 20 million out of the construction cost to C as if the victim committed an unlawful act,” while the Defendant heard from the office of the second floor of the E-Medical Care Center, the head of the E-Medical Care Center, and G, the Defendant stated to the effect that “F would have attempted to pay KRW 20 million from the construction cost to C.”

However, there was no fact that F promised to give money to the victim, who is the head of the administrative office, under the pretext of the contract for the construction work of the above medical care center, or F was said to the same effect.

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

2. On September 11, 2013, the Defendant testified at the Seo-gu Daejeon District Court, Seo-gu, Daejeon, Daejeon, that, in making an appearance and taking an oath as a witness of the lawsuit for demanding construction price by Plaintiff F, and Defendant I, the Defendant’s agent stated that “C would introduce the extension of the E-Medical Care Center to the Plaintiff at the time he/she works in the E-Medical Care Center, and that C would receive approximately KRW 30 million for the purpose of introducing the E-Medical Care Center, and that the witness was aware of the fact that he/she would receive approximately KRW 20 million for the purpose of introducing the E-Medical Care System.”

However, there was no fact that the defendant did not have such words from F.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Statement made by the defendant (the statement to the effect that he/she has made a statement identical with the facts charged) in court;

1. Legal statement of witness F;

1.With respect to C and F, each.

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