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

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

Punishment of the crime

On February 22, 2014, the Defendant damaged the honor of the victim E and F by openly pointing out the fact that “We died of 10 million won in the process of election of the 9th floor representative in the meeting room of the 5th floor management body located in Eunpyeong-gu Seoul Metropolitan Government D department department C, and there was about 25 persons in the process of election of the 5th floor representative in the meeting room of the 5th floor underground department located in Eunpyeong-gu.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning E and F;

1. Data to be submitted by the F and the accused;

1. Application of statutes governing stenographic records;

1. Article 307 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument as stated in the facts of the crime in the judgment of the defendant is true and speaked for the public interest of the sectional owners of the commercial building as indicated in the judgment of the defendant, and thus, it constitutes a legitimate act since it was decided against the sectional owners in the process of business reporting for the purpose of eliminating illegality or correcting arbitrary enforcement of management expenses at the time.

2. According to the evidence of each judgment, the following facts are revealed: ① the place where the Defendant stated as stated in the facts constituting the crime was not a place to report the representative election of the sectional owners or the audit results of the entire sectional owners of the commercial buildings as indicated in the judgment; ② the victims were not sectional owners of the 9th floor, and ② the victims were not sectional owners of the 9th floor, and thus there was no special interest in selecting the nineth floor representative; ③ the fact that the amount of KRW 10 million was paid to the victims from the operating expenses of the management body was already revealed from the audit conducted from July 23, 2012 to August 3, 2012; ④ the Defendant was said at the time two years or more.