beta
(영문) 인천지방법원 부천지원 2020.06.05 2019고정834

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated the channels of the name “C” and “D” in B, the Internet video site, and produced and run insurance-related Internet broadcasting, and was working as an insurance solicitor from December 13, 2017 to March 31, 2018 by a mutual insurance agency of “F” operated by the victim E.

1. 피고인은 2018. 4. 5.경부터 2018. 5. 23.경까지 사이에 서울 성북구 G에 있는, H약국 3층 자신의 사무실에서 인터넷 방송 사이트인 B에 접속한 후 방송을 진행하면서 별지 범죄일람표 순번 1~11번 기재와 같이 “수수료가 없다. 수수료도 본인이 일반인 삥 뜯는다. 수수료를 500% 준다” 는 취지의 말을 하였다.

In fact, however, there was no fact that the victim did not pay the fees to be paid to insurance solicitors or paid only 500% of the fees.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts through the information and communication network with the aim of slandering the victim.

2. On April 5, 2018, from around August 21, 2018 to around August 21, 2018, the Defendant told that “the victim insultings his/her bill and her head of the office,” as indicated in [Attachment Table No. 12-13, he/she told that “The victim saw him/her to insult his/her bill, and her head of the office.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts through information and communication networks with a view to slandering the victim.

3. On April 5, 2018, from around May 18, 2018 to around May 18, 2018, the Defendant made a statement to the effect that “The monthly salary schedule does not exist, and there is no system related to the payment,” as indicated in [Attachment 14-31], while continuing a broadcast after accessing B as set forth in paragraph (1).

However, there was a benefit system called "I" and the victim issued a statement of fee at the request of the defendant.

In this respect.