Nevertheless, the Defendant made a misunderstanding of the victim C’s scam in the D marriage information company where the Defendant is working, thereby committing suicide by the victim’s children. On May 6, 2014, the Defendant sent the Defendant’s mobile phone using the Defendant’s mobile phone at the Defendant’s home located in Busan Dong-gu, to the mobile phone using the Defendant’s mobile phone, and sent the Defendant’s mobile phone using the Defendant’s cell phone, and made it known to the Defendant that the Defendant’s scams, “if known, , , , , and open to the public.” The Defendant sent the Defendant’s mobile phone using the Defendant’s mobile phone at the Defendant’s home located in Busan Dong-gu, Busan Dong-gu, to the end of May 17, 2014 as well as sending the instant text messages to the end of May 4, 2017.

2. Determination

A. Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. impose punishment on “a person who repeatedly sends words, etc. that arouse fear or apprehensions to other persons through information and communications networks.” Whether a person repeatedly leads to fear or apprehensions, etc., should be determined by taking into account the following as a whole: (a) details of the sent text messages; (b) the developments leading up to sending such text messages; (c) the relationship between the Defendant and the victim; and (d) the situation at which the Defendant was a victim before and after sending text messages.

(b) this Court.