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(영문) 인천지방법원 2014.11.06 2014고정2976
명예훼손
Text

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

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

Reasons

Punishment of the crime

The Defendant, while carrying out a pension project with the victim C, did not have filed a dispute over the victim's business rights, etc. on August 2013, the fact at the closed and irregular land of the same day was not reported by fraud, etc., and there is only dispute over the use of the business funds. Nevertheless, the Defendant called D by phone with the victim and used the victim for private purposes, with the victim's knowledge of the use of the business funds. The Defendant would immediately be bound by fraud because he/she filed a complaint. The Defendant sent the cell phone of the above D, which is a woman of the victim, “C, is bound by many money fraud,” thereby impairing the victim's reputation by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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