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(영문) 서울중앙지방법원 2017.06.09 2016고정1364

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was planned to spread to B, etc. the false facts that the victim C, who was the management of the Seoul Central District Group B building, was dissatisfied with the management of the victim C, who was the management of the said building, and that the victim, who was paid rent for the said B, was able to return to B, etc.

On June 2, 2015, the Defendant: (a) on the Internet next car page “B” bulletin board in the name of his spouse F; and (b) on the bulletin board “B-based group of sectional owners”; and (c) on the private story representative, the Defendant brought the deposit amount of KRW 4 billion and the D major repair work period of KRW 800 million in May 201 and June 201.

“C” on the same bulletin board as follows: “C was entitled to the exemption of KRW 800 million for the rent of May, 201, June (2) to return to the sectional owner on the same bulletin board.

The contents of this article have been deleted only one day after writing in the car page.

Neither of the sectional owners has given immunity without any consent of any person.

(The rent of 800 million won has been paid clearly in accordance with the Agreement).

“.......”

However, the victims did not have the right to receive or manage the rent for the representative of the aggregate commercial building as the B manager, and there was no fact that the victim received the deposit of 4 billion won or exempted the rent of 800 million won.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

2. According to the records, the Defendant was indicted on March 28, 2016, which was before the instant prosecution was instituted, as the same facts charged, and for the same month.

4. 8. The instant public prosecution constitutes double prosecution and Article 327 of the Criminal Procedure Act applies for formal trial on June 9, 2017 upon receiving an order of a fine of KRW 2 million (200,000,000). As such, the instant public prosecution constitutes a double prosecution, thereby falling under Article 327 of the Criminal Procedure Act.