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(영문) 서울중앙지방법원 2013.05.24 2013고정1030
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the chairman of the Seoul Special Metropolitan City Gwanak-gu management body.

B Around 2006, the owner of the above commercial building opened and operated the 6% of the profits from the tenant enterprises by concluding a sales contract with the "C" and by receiving profits from the tenant enterprises, and paying them to the sectional owners. From around 2008, the owner of the above commercial building decided to form the commercial management body and elect the president as the representative of the above commercial management body for a two-year term in order to efficiently manage the commercial building.

1. On March 21, 2011, the Defendant transmitted to approximately 300 persons holding a sectional ownership of B commercial buildings, and to the mobile phone text messages, “DC (victim) is a special car in secret interest one million won in the amount.”

However, the victim was paid the proceeds of 10 to 200,000 won from "C," as the other sectional owners, and did not have received any one million won, unlike other sectional owners.

Nevertheless, the defendant spreads false facts publicly, thereby impairing the reputation of the victim.

2.(a)

Around 14:00 on April 2, 201, the Defendant stated, “B7 management body candidate for the president of the management body of the 2011 regular assembly management body,” which was held in the lecture of the first floor in Gwanak-gu in Seoul Special Metropolitan City, that “D (victim) candidate clearly received from C to one million won at that time.”

However, the victims received the proceeds of 10 to 200,000 won, as the other sectional owners, from “C” and did not have received any one million won, unlike other sectional owners.

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

B. The Defendant is as set forth in paragraph 2(a).

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