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Defendant shall be punished by a fine of KRW 800,000.
Where a defendant fails to pay a fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a resident of the C building in Daegu Seo-gu B.
1. On October 20, 2012, the Defendant, at the management office of the building C located in Daegu-gu, Daegu-gu, about 19:00, provided that, “In order to replace the apartment chairperson, the apartment residents may be informed to many residents through broadcasts so that they can listen to it. The Chairperson of the Residents’ Representative Council commenced water supply works with the amount of KRW 660 million. It has run a large portion of the management expenses. The management expenses have become a million won. By eight days, the management office will back to the date of the management office.”
However, the fact that the management fee was not a million won.
Accordingly, the defendant has damaged the reputation of the victim D by openly pointing out false facts.
2. On October 21, 2012, at around 21:00, the Defendant stated that “A building management office located in Seogu-gu, Daegu-gu, Daegu-gu, approximately 1.50 apartment residents embezzled KRW 00,000.”
However, the victim D only calculated 10,000 won as a meal cost, submitted a receipt, and did not embezzled.
Accordingly, the defendant has damaged the reputation of the victim D by openly pointing out false facts.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses D and E respective legal statements;
1. C Building Management Rules, the Director General of the Account, the Confirmation of the Current Status of Water Supply and Replacement Works, and the confirmation of the balance, while the testimony of the witness F applied by the Defendant is insufficient to maintain consistency and physical strength, as well as the witness F's testimony at the request of the Defendant, despite the introduction by the presiding judge, most of the prohibited leading questions continued to be leading questions, and thus, the testimony
(See Articles 75(2) and (3) of the Regulations on Criminal Procedure that stipulate that no leading question shall be made in the main examination, and that the presiding judge shall restrain a leading question. Application of Acts and subordinate statutes
1. Article 307 of the Criminal Act concerning criminal facts and the choice of punishment