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(영문) 서울동부지방법원 2017.11.29 2016고정593

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The prosecution of this case is dismissed.

Reasons

1. On August 26, 2015, the Defendant entered into a real estate sales contract with the victim C and paid down payment and intermediate payment, but at the Busan District Prosecutors' Office located in the Suwon District Prosecutors' Office, which filed a complaint against the victim as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with the victim's office in Geumcheon-gu Seoul Metropolitan Government, around August 27, 2015, at the Defendant's office located in Geumcheon-gu, Geumcheon-gu, Seoul Metropolitan Government, 52,000 won, "E" under the title of "E".

The Defendant, as he was the new commercial building C, went through the intermediate payment of 520 million won.

Although the Health Insurance Corporation filed an application for provisional attachment, the amount of 25 creditors is 2,170,000.

Criminal procedure is also filed, and in order to establish a crime of fraud, it is complicated.

By posting an article on factual relations with which it is not confirmed that it was intended at the time of fraud (at the time of fraud, there is a clear evidence that it was intended to receive money), the victim’s reputation was damaged by disclosing publicly false facts through the Internet website, which is an information and communications network, with a view to slandering the victim.

2. Determination

(a) Crimes of non-violation of intention: Article 70 (3) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.;

B. After the prosecution of this case, the injured party expressed his intention that he does not want the punishment of the defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act