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(영문) 서울중앙지방법원 2013.08.27 2012고정5640

명예훼손

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the representative of C(C) Co., Ltd. (hereinafter referred to as “C”), which is a raw material developer for functional health foods, and the victim D is the representative of E(hereinafter referred to as “E”) and F Co., Ltd.

While entering into a contract with E and carrying out a business, the Defendant had expressed his mind to deliver false facts to the persons related to the above company as a e-mail when the victim tried to terminate the contract.

1. On October 27, 2011, the Defendant sent e-mail to C’s director H, E’s director I, J, and F’s director K, and L using “G”, an Internet domain in the Defendant’s account, by accessing the Internet site via a computer at an unspecified place on October 27, 2011, and then transmitting the following contents to C’s director H, E’s director I, J, and F director K and L:

Since the establishment of a company, “(ju) ED representative directors, etc. have engaged in business activities that are directly or indirectly related to the company’s business, and have raised the company’s funds by iceizing high-class restaurants, entertainment establishments, etc., without the resolution of the board of directors, and have given a large amount of loans to the directors without any resolution of the board of directors, and have continued to exempt them from the deposits and not collect any reasonable rent, etc.” However, the victim did not have any fact that he/she used the company’s funds or lent large amounts of loans to the directors without the resolution of the board of directors, regardless of the company’s business affairs.

Accordingly, the defendant has damaged the reputation of the victim by publicly expressing false facts.

2. On October 28, 2011, the Defendant sent the following e-mail to E directors I, J, F directors K, and L using the Internet mail as set out in paragraph (1) of the Defendant’s account by accessing a computer at an insular place at around 05:58, Oct. 28, 2011.