신용훼손
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (fact-finding) was that the Defendant sent C (hereinafter “C”) with no e-mail related to the Victim C C (hereinafter “C”) company (hereinafter “victim”) around June 2010, and the third party hackinged the e-mail account (E; hereinafter “E”) under the Defendant’s name and sent the above e-mail account.
Nevertheless, the judgment of the court below that the defendant sent e-mail and found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and adversely affected the judgment.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment with regard to the name of the crime, applicable provisions of law, and partial changes in the charges. Since this court permitted this, the judgment of the court below, which is based on the initial facts charged, cannot be maintained any more.
However, the defendant's assertion of misunderstanding of facts still becomes subject to the judgment of the court of this case despite the above amendment of the indictment, and the prosecutor has changed the charge to the effect that "the defendant spreads false facts in the way of sending e-mail with false facts four times through the e-mail account of this case to C, and impairs the credibility of the victim's company by spreading them to C, around June 2010." The defendant spreads false facts by sending e-mail with false facts twice through the e-mail account of this case to C, or by any other fraudulent means." The defendant does not dispute whether the above e-mail in the statement of grounds for appeal is false or interfere with the victim's business operation.