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(영문) 창원지방법원 진주지원 2013.06.12 2012고정619
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the customer of D department stores in Jinju-si, Jinju-si, and the victim E is the Fcosmetic store staff in the department store.

The victim did not purchase clothes without the consent of the defendant in the above department department G garment store and did not settle the amount with D credit cards of the female.

Nevertheless, around 14:00 on May 26, 2012, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “E has paid off at G clothing stores with the mind of having been D credit card inside it,” on the ground that the victim reported the Defendant to the Jinju Police Station, at D department department 1st floor F Cosmetics stores located in Jinju City, the Defendant directed the Defendant at high interest rates on the Defendant’s loan and liability demand.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness E and H’s respective legal statements;

1. Article 307 (2) of the Criminal Act applicable to the crimes;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is as follows: “E borrowed money from customers and provided cosmetics instead of money to customers” in the presence of employees and customers working at the above department store I and J in charge of cosmetics and other cosmetics stores, in addition to those stated on the date and time and place of criminal facts in the facts charged; thus, the Defendant injured the victim’s reputation by openly pointing out false facts.

2. In light of the witness H’s legal statement, the remaining evidence submitted by the prosecutor is difficult to believe all of the evidence or it is insufficient to recognize this part of the facts charged, and there is no other evidence to acknowledge this.

Therefore, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of crime, but it is ordered in the disposition as long as it is found guilty.

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