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(영문) 대구지방법원 2017.04.14 2016고단6663
명예훼손
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

[Status of the Parties] Defendant A is the chief of the labor union organization of H Co., Ltd. (hereinafter “Company”); Defendant B is the chief of the labor union and the chief of the labor union of the company; Defendant C is the union member of the company; Defendant D is the chief of the labor union of the company; Defendant E is the vice chief of the labor union of the company; Defendant E is the vice chief of the labor union of the company; and Victim I is the senior manager of the company.

[Fact-finding] On November 22, 2001, while the net J operated the company, the emergency response committee takes responsibility for the company's debt, transferred all the management rights, and the debt under the comparison table at the time was equivalent to KRW 5.984 billion.

On July 13, 2005, when it is difficult for the company to manage due to debts in the form of a private partnership, the company prepared an investment agreement between the victim and the company on July 13, 2005, and the injured party purchased 400 million won of shares of the company and paid 400 million won of the operating fund, but did not transfer the shares of the company in the future, but the company did not increase its capital in the case of the inflow of the operating fund of 400 million won, but the company agreed to give the victim the right to recommend one executive officer of the company, and the victim purchased shares in the name of K and the non-resident and paid 400 million won

In addition, after having agreed to pay advisory fees in lieu of appointment of executive officers by the injured party, from August 2005 to July 2013, 2013, one company paid 100,750,000 won to the injured party and the denied party as advisory fees each month and paid 1,250,000 won in total.

On June 20, 2013, a temporary general meeting of shareholders was held by a company for the increase of shares, but the victimized person opposed to the provisions of the said investment agreement, and the L, a representative director of the company, ordered the victimized person to leave and make a decision to increase the capital by having the victimized person leave the victim, and the injured person brought a criminal complaint against L, M, N, and C on July 2, 2013, and the Daegu District Court on July 3, 2013.

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