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(영문) 창원지방법원 통영지원 2017.04.28 2016고정607
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 10:00 on March 23, 2016, the Defendant, as the C Apartment Management Director, referred to the victim D, the president of the Council for the Representatives of Residents of the above apartment on March 23, 2016, and caused loss to the property of the resident by causing the payment of the expenses for the unpaid management expenses paid for the reason (2,297,000 won), the unpaid apartment of the victim's residence, the unpaid apartment of the single pre-sale C apartment, the unpaid management expenses paid for the reason (2,297,000 won), the due date of the fraction, and the due generation, at around 10:0 on March 28, 2016.

The letter of demand for return has been signed several times, but it has not been returned until now, and it is inevitable to take measures to suspend the supply of tap water.

By March 25, 2016, the above amount has been paid and the management office has made contact with it.

The notice " was posted through the above apartment facility E.

However, in fact, there was no decision made at the representative meeting of apartment occupants to hold the victim responsible for the return of the above money, and the victim will also return it.

Despite the absence of the promise, the injured person posted a false statement as if he did not perform the obligation to return it, thereby damaging the honor of the injured person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Blanket notice:

1. Copies of each minute;

1. A copy of a notice of fractional suspension or notification of fractional suspension (fourths);

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear the testimony of a witness F and examine whether he/she is suspected);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is that the victim is responsible for returning the apartment management fee that was unjustly disbursed. Thus, the defendant's notice of fractional notice is given (hereinafter "the notice of this case").

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