1. Violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation) reported the sales of earth and sand vehicles posted by the victim C, a company engaging in the secondary sales of the Internet portal site, by accessing the bulletin board, etc. of the “Neber”, to the Internet portal site, etc., and posted comments on the sales of the vehicle at a low price compared with the earth and sand car owned by the Defendant, which is doubtful that the victimized person was committing fraud, while making comments on the comments to the victim and the victim while making comments on the comments.

이에 피고인은 2017. 3. 8. 인천 남동구 D에 있는 피고인의 주거지에서 인터넷 포털사이트 ‘ 네이버’ 의 ‘ 중고 나라’ 게시판 등에 접속하여, “ 너 회사 전문 사기꾼 조폭 야 ㅎㅎ 너 문신 보여주 까 문신 지우고 중고차 팔어 사기꾼 아” 라는 글을 게시하였다.

However, the victims were not organized violence, and there was no criminal history such as fraud, and there was no fact that they committed fraud related to the secondary sales.

Nevertheless, from around that time to March 10, 2017, the Defendant posted the above writing, and thereby, the Defendant injured the victim’s reputation by disclosing publicly false information via an information and communications network with an intention to defame the victim 16 times in total, such as the list of crimes in the attached list of crimes.

2. In March 8, 2017, the Defendant: (a) accessed the Internet portal site’s “Nene” bulletin board, etc. at the Defendant’s residence located in Nam-gu, Incheon; (b) posted the victim C’s name cards along with the victim C’s photo; and (c) openly insulting the victim on five occasions in total from around that time to March 9:4, 2017, such as the list of crimes in the separate list of crimes.

2. The determination is based on Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., which constitutes a crime falling under Article 70(2) of the same Act.