정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall defame another person by openly pointing out any fact or false fact with intent to defame another person through an information and communications network.
On October 17, 2015, the Defendant used the Defendant’s smartphone at the Defendant’s residence located in Ulsan-gu, Ulsan-gu, Seoul around October 19:18, 2015, referred to the victim F, the representative of the E Association, in the DN Dogsan branch on the E Association, and did not know the Defendant that “one alliance membership fee, which is a public fund that is created by our private teaching institutes, did not receive and dispose of the amount of KRW 50 million, and did not receive it.”
“.......”
However, the victim did not deal with the receipt and did not use the membership fees of the Union without permission or use them in a number of million won.
Accordingly, the defendant has damaged the reputation of the victim by pointing out false facts through the information and communication network with the aim of slandering the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Data upon closure, minutes of the 77th board of directors, revenue settlement in 2014, minutes of the 19th regular general meeting of delegates;
1. Application of Acts and subordinate statutes to a criminal investigation report (Presentation of Materials by an complainant);
1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting a crime and the selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument is believed to be true in terms of sound criticism for the development of the E federation in which the defendant is in his body, and the same writing as the facts charged is written in a public interest perspective, and thus, it does not constitute a crime.
2. The following circumstances, i.e., the items of expenditure of the Federation’s expenses, which are more than 20 items, are more than 10 items, among them, and the receipt is processed in the case of information expenses and general acceptance expenses.