beta
(영문) 대전지방법원 2014.01.17 2013고정1627

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

A. On January 30, 2013, at around 14:51, the Defendant posted the Internet shopping mall photographs of the victim B’s operation from 2008 on the bulletin board of the Vietnam repository (htp:/www. Stilbe.com) and “htp from 2008, she shall be asked as if he/she sold the goods,” and the Defendant expressed a letter as if he/she had sold the goods, namely, “htp” in violation of the Trademark Act.

However, the victim did not sell his or her goods.

Nevertheless, the Defendant, for the purpose of slandering the victim, disclosed false information openly, thereby impairing the reputation of the victim.

나. 피고인은 2013. 1. 30. 18:05경 위 게시판에 ‘C, B 신고총정리’라는 제목으로 ‘대전지방국세청, 사이버경찰청, 공정위, 부가세법위반, 샤넬본사 제보 등’의 피해자의 위법행위를 신고한다는 명분으로 해당 사이트의 URL을 게재하면서 ‘지하경제 양성화’라고 작성하면서 피해자가 탈세를 한 것처럼 글을 올렸다.

However, the victim did not evade taxes.

Nevertheless, the Defendant, for the purpose of slandering the victim, disclosed false information openly, thereby impairing the reputation of the victim.

C. On January 31, 2013, at around 01:52, the Defendant posted the victim’s shopping mall photographs under the title “on the 01:52, the Defendant: (a) posted the victim’s shopping mall photographs to the National Tax Service; (b) and (c) subsequently, it is obviously necessary for the National Tax Service to declare a war against tax evasion. In particular, it was difficult to revitalize the underground economy; (c) as such, the report of business closure is filed and the name is lent at the time of conversion into a general taxable person, and the registration is made at the same place as that of the victim’s business again. The Defendant is a typical disguised business closure as a simplified taxable person. The Defendant is strongly doubtful.

참조조문