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(영문) 의정부지방법원 2016.06.24 2015고단2774
명예훼손
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is the representative of C (State). From May 7, 2014 to August 15, 2014, the landscaping construction of D Apartment at Guri City was in conflict with the victim E, who is the head of the above apartment management office, in the process of the construction, due to the defect in the construction project and the settlement of additional construction cost, such as the use of waste stones, the use of waste stones, the examination of pine trees, etc.

At this time, the payment of landscaped construction cost has been delayed, and the victim who did not pay the landscaped construction cost has not been made even though the landscaped construction cost was deposited in the representative account of the apartment tenant council from the Gu Council on September 4, 2014.

In mind, I tried to spread false information about victims.

1. On September 5, 2014, the Defendant called F, the president of the representative meeting of the above apartment occupants, to the effect that the fact that the Defendant called F, the president of the representative meeting of the above apartment occupants, did not have any fact that the injured party demanded the Defendant to pay the money individually, the Defendant stated to the effect that “a managing complaint (victim) demanded KRW 10 million, which was corrected again, and demanded KRW 8 million.”

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

2. Around 12:30 on the same day as the statement in paragraph (1), the Defendant called “G, a general director of the representative meeting of the occupants of the above apartment, demanded KRW 10 million” to the effect that “the managing director demanded KRW 10 million.”

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. Legal statement of witness E;

1. A protocol concerning the examination of suspect by each prosecutor of the prosecution against the defendant (including the E statement part);

1. A protocol concerning the examination of suspect by some police officers against the defendant (including the E statement);

1. Statement made by the police for E;

1. Certification of each factual relationship between F and G;

1. Recording notes;

1. Each investigation report (to hear and report telephone statements, such as D apartment units, and to manage C’s separate construction site.

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