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(영문) 부산지방법원 2018.08.28 2018고정640
명예훼손등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 5, 2017, the Defendant: (a) at the 13th meeting room of the board of directors held on the fourth floor of the C Union located in B (hereinafter “the instant union”); (b) the Defendant: (c) the Victim D incurred a loss of KRW 10 billion to the said Association; (d) the Defendant received KRW 70 billion in relation to the said Association; and (e) the fact that there was no fact that there was no 30 persons, other than the directors E of the said Association and 30 other than the president of the said Association, and even if there was no fact that there was a fake statement, the Defendant shall file for the victim, who is the chief executive officer of the said Association, “ponner shall run the information service business of KRW 10 billion; and (e) Ma-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-h-k-h-

The first discontinuance of the informatization project would not be known to receive KRW 70 million within 30,000,000 at the time of the first discontinuance of the informatization project, and thus, the victim’s reputation was damaged by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Recording records of the board of directors on July 5, 2017;

1. Application of Acts and subordinate statutes to a decision on an appeal filed by the Busan High Prosecutors' Office;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim is that D is not the main mother of the information service project of the instant union but the head of the investigation committee who investigated the main mother and child of the instant association, and as the head of the investigation committee, D is responsible for the discontinuance of the information service project that caused the damage of 10 billion won to the association, and D is liable for a loss similar to the above main mother and child.

Therefore, the above statement by the defendant is not false, but for the public interest in the operation of the association, so it constitutes a ground for excluding illegality under Article 310 of the Criminal Code.

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