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(영문) 울산지방법원 2012.10.31 2012고정972
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. whose victim C is the head of the site office.

1. On April 2010, the Defendant damaged the victim’s reputation by openly pointing out false facts by stating that “C embezzled and locked the amount of company fund revenue,” at the D Co., Ltd. office located in Yangsan-si, Yangsan-si, where many people, such as F and G, are heard.”

2. On May 2010, the Defendant damaged the victim’s reputation by openly pointing out false facts by stating that “The C Director embezzleds KRW 500 million of company factory fund and temporarily fails to pay money to the site in the presence of various people, such as I and On-the-spot equipment engineers, etc., before the site office for the construction of the H site located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do.”

3. Around April 8, 2011, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “The On-site Director C embling 100 million won of the company fund funds and embling them, thereby damaging the victim’s reputation by openly pointing out false facts at the conciliation room of Ulsan District Court 209, Ulsan-gu, Ulsan-gu, U.S. District Court 209.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements of the witness C, J, F, and I to the Acts and subordinate statutes;

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act concerning the selection of punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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