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(영문) 부산지방법원서부지원 2020.10.23 2020고정324
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim E who served as a director of the medical corporation C (D convalescent Hospital) located in the Busan Seo-gu, Busan on November 2, 2017 and the director of the F& corporation which entered into a construction contract for the extension of the above hospital.

The defendant did not receive KRW 1.5 billion for the construction cost of the above construction work, and the defendant filed a civil lawsuit against the above hospital with the Changwon District Court and is currently pending in the lawsuit.

Around 09:00 on July 26, 2019, the Defendant posted a banner at the road side of the aforementioned Dvalescent Hospital; “E is engaged in the conduct of a hospital and in the construction work; “E is paid to the president of the hospital;” “Before the hospital; the incumbent representative director is not the representative of E who is employed; he is responsible for and paid the construction expenses; and “drawing and paying the construction expenses.” At the same place around October 1, 2019, the Defendant posted a banner at the same time, “The president of the Dval Care Foundation Foundation shall be only A, and the construction expenses shall be paid.” “The head of the Dval Care Foundation Foundation shall be paid for the elderly’s health care expenses by extension of the hospital; and “The Dobwon Foundation shall pay the construction expenses to the hospital;” and “the Dobwon Foundation’s president shall pay the construction expenses to the hospital.”

However, in fact, the victim does not enter into a contract for construction, but the victim does not dispute whether or not the obligation to pay the construction cost for the additional construction works exists and the obligation to pay the unpaid construction cost is not finalized, and the victim does not intentionally pay the construction cost.

Nevertheless, the Defendant openly damaged the reputation of the victim by publicly pointing out false facts as above.

2. Determination:

(a) Provisions of applicable provisions to charges: Article 307 (2) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 312 (2) of the Criminal Act.

(c) Non-compliance with punishment: the withdrawal of a complaint on October 12, 2020;

(d) Judgment dismissing public prosecution:

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