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(영문) 서울중앙지방법원 2016.06.09 2016고정1000

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

In 2015, the defendant filed a complaint against the victim B as a crime of evading compulsory execution, and had the victim copy and copy of the records of the evasion of compulsory execution in order to proceed with a civil suit against the victim.

1. On October 6, 2015, the Defendant sent the victim’s criminal history inquiry No. 4 and No. 28, and three copies of photographs of the investigation records to C, in order to inform C that the victim, who was unable to receive the repayment of the loan from the victim, did not have the intent or ability to repay the loan, at a place where the location is unknown.

Accordingly, the defendant has damaged the reputation of the victim by exposing public facts through information and communication network with the aim of slandering the person.

2. On October 14, 2015, the Defendant sent the letter of apology, which recorded three copies of the financial transaction details of the Nonghyup Account used by the victim, to the said C in order to inform the said C of the fact that it remains in the account of the victimized person’s bank at a place where the location is unknown.

Accordingly, the defendant has damaged the reputation of the victim by exposing public facts through information and communication network with the aim of slandering the person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to attach pictures to the motion pictures sent out of documents related to the complaint, references to criminal history, details of transaction, Stockholm and text, and cartox page;

1. Article 70 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and the Punishment's Selection.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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