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(영문) 대구지방법원서부지원 2020.08.11 2019고정393
신용훼손
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

From July 2015, the Defendant served as the manager of the building C in Daegu-gu, 2015, and was dismissed from the victim on February 2, 2016, and the Defendant informed the lessee of the building owned by the victim of the fact, thereby raising awareness to the lessee of the building, thereby impairing the credibility of the victim.

Around July 2016, the Defendant spreaded the fact that “this building is considerably complicated,” to D, the lessee of the building, “A,” and “I may immediately go beyond the jurisdiction of the court, due to the property dispute of fluort.” The current lessee also spreads the fact that “C” and around August 2016, it spreads to E, the lessee of the building, that “I would like to create a right to lease on a deposit basis because the above building is likely to be due to a bankruptcy,” and then, at the above “C” building around September 2016, the Defendant spreads to F, the lessee of the building, that “I would know that I would be able to prepare because there are many dangerous factors in the leased part.”

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness D, E, and F;

3. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

4. Partial statement of the police interrogation protocol of the defendant;

5. Application of laws and regulations governing certificates of factual relations D, E, and F

1. Relevant Articles of the Criminal Act and Article 313 of the Criminal Act concerning the crimes;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 334 (1) of the Criminal Procedure Act.

5. Judgment on the assertion of the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The alleged defendant does not have any statement to the lessee as stated in its reasoning.

Even if there is a fact that the important part is consistent with objective facts, it can not be viewed as false.

2. Determination.

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