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(영문) 인천지방법원 2018.07.27 2018고정742

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2017. 4. 3. 21:44 경 충남 홍성군 B 아파트 B 동 104호에서, 인터넷 페이스 북에 접속하여 피해자 C를 비방할 목적으로 피해자의 페이스 북 친구인 D, E에게 “ 처음 뵙습니다.

In addition, the portion of C, among the land portion, is the 32,500 won in each item transaction, which is a fraud and diving, and the other course of contact.

The reference is to refer to human relations.

The message “ sent” was sent.

However, on March 28, 2016, the Defendant intended to purchase an item at 32,500 won by the damaged person on the unit of an item, and issued an item from the damaged person, but the Defendant did not receive an item from the damaged person.

In that process, the defendant refused to deliver 32,500 won deposited on the unit of an item to the victim, and the above 32,500 won was stored on the unit of an item.

On April 13, 2016, the Defendant attempted to agree with the victim to divide the above KRW 32,500 into half to receive a return even some of the above KRW 32,500, but the victim rejected it.

Ultimately, the Defendant sent a false message to the effect that the Defendant, while aware of the fact that the victim did not have any profit from the transaction and the Defendant paid KRW 32,500,00 that it was in custody on the items unit, he received 32,50,000 from the victim with the intent to defame the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C;

1. A criminal investigation report (Submission of data by an appellant);

1. A person who intends to purchase an item on an complaints sheet, written statement, etc. [the person who intends to purchase an item on the unit of an item shall deposit the sales proceeds in the unit of an item with the unit of an item first, and the sales proceeds shall be the sum of the sales proceeds after receiving the item from the seller.