logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.10 2018고정785
명예훼손
Text

The defendant shall be innocent.

Reasons

1. 공소사실 피고인은 2017. 11. 23. 경 서울 서초구 B에, 사실은 피해자 C(D 대표) 는 위장 전입하거나 횡령으로 처벌 받은 사실이 없음에도, 「B 주민 여러분!! 6,500만원의 행방을 밝혀 이 사람들을 횡령죄로 처벌 받게 했습니다!

"D", which was transferred in disguised manner, was paid 10,90,000 won as the cost for the establishment of the center.

I.

By posting a banner "from one day to one day", the lawsuit damaged the reputation of the victim by openly pointing out false facts.

2. We examine whether the Defendant’s writing on a banner constitutes a false representation, and whether there was a perception about the Defendant’s falsity (in particular, the expression “definite transfer” and “this person was punished for embezzlement.”

In light of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

(1) As to the expression “salinal transfer”, a disguised transfer means “the movement of only a resident registration without a real resident registration” (E knowledge white paper) and Article 37 subparag. 3-2 of the Resident Registration Act provides that “any person who files a false report or application with respect to a resident registration or resident registration certificate shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.”

② On November 9, 2011, the victim C made a move-in report to the Seocho-gu Seoul Metropolitan Government F.

In doing so, the Seocho-gu Seoul Metropolitan Government “F” is the location of the “D” place of business operated by the injured party from around 1997.

③ The victims were identified as their family members and children, and were residing in Gyeonggi-do for a long time since November 9, 201.

The victim does not seem to have a director around November 9, 201.

The wife and children seem to have still resided in the care of their children.

Although the victim was at the time of the move-in report, the victim.

arrow