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(영문) 부산지방법원 2012.02.10 2011고정5772

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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

1. Around January 16, 2011, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) revealed the false fact that “H site operator is a group of crimes, and the group fraud he/she operates with a low business, is replaced by a group of crimes,” and damaged the reputation of victims by revealing false facts openly through an information and communications network 14 times through an information and communications network, such as the list of crimes in the attached Table.

2. The Defendant interfered with the business of selling used cars of the victim E and F by spreading false facts, such as those described in paragraph 1, to many and unspecified persons via the Internet 14 times at the time and place described in paragraph 1.

Summary of Evidence

1. Defendant’s partial statement (a statement to the effect that a notice has been posted on the information and communications network on each date, time, and place indicated in the judgment of the Defendant);

1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;

1. Each police statement made to E and I;

1. Application of statutes on Internet posts (Evidence No. 1, 17-42 pages)

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a violation of another person's reputation by openly disclosing false information through an information and communications network for the purpose of undefising) of the relevant criminal facts; and Articles 314 and 313 of the Criminal Act;

1. Articles 40 and 50 of the Fair Trade Act (any violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) against victims at each time and time of the crime, and any interference with business against victims, respectively);

1. Selection of each alternative fine for punishment;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.