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(영문) 인천지방법원 2014.06.12 2013고단2481

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, “2013 Highest 2481, the Defendant, while operating the purification tank cleaning business of C, had experienced difficulties by D, E, and F, the cleaning business entity of the existing septic tank, in securing most of the customers, in order to criticize the reputation of the competitors, who are against them.

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

A. The Defendant, at around 10:00 on December 16, 2012, at the Defendant’s house located in Gyeyang-gu Incheon, Incheon Gyeyang-gu, 104 Dong 302, damaged the reputation of the victim D Co., Ltd., E operators H, and F operators I by claiming excessive charges to citizens without having committed any unlawful act while running the company D Co., Ltd., E, and E, and F, while running the company, at the website of Gyeyang-gu (www.gyle.go.go.r) by using smartphones at the Defendant’s house located in the Defendant’s office located in Gyeyang-gu Incheon, 104 Dong 302, the Defendant: (a) provided that “D, E, and F, have committed fraud by claiming excessive charges to citizens; (b) provided false reports, false statements, fair trade practices, and manipulations in the course of their business activities; and (c) provided that the said company’s reputation

B. On December 28, 2012, the Defendant destroyed the honor of the victim D Co., Ltd. and E operator H by pointing out false facts with the purport that “D and E claimed money from citizens to the extent that they did not clean up the septic tank,” although they did not have any charge by making a false statement in cleaning the septic tank on the bulletin board of the Gyeyang-gu Office website of Gyeyang-gu, Gyeyang-gu, as seen above, while cleaning the septic tank.”

2. The Defendant’s defamation on January 22, 2013, notwithstanding that the fact in Gyeyang-gu Incheon Metropolitan City Gyeyang-gu apartment does not constitute a false charge by manipulating the valley, the Defendant is the representative of the victim D Co., Ltd.