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(영문) 인천지방법원 2014.01.17 2013고정2354
신용훼손등
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person who operates F Co., Ltd. that sells sports tapes.

Defendant

A, while the overseas sales business of F is mainly dependent on the victim G Co., Ltd., the dispute arose due to the quality problem of products, and the contract with the victim was eventually reversed.

Accordingly, Defendant A had B, an employee at the F office of the F office located in Gyeyang-gu Incheon Metropolitan City, Inc., Ltd., Ltd., on December 13, 2012, with the mind of having the victim conduct the business directly against the overseas customer of the victim and discovered the customer e-mail address on the website managed by the victim, and had B, an employee, B, an overseas customer of the victim, sent e-mail to nine business partners in nine countries, including Chile, Egypt, Canada, Canada, Brazil, remainder public domain, Hungary, Vene Lene, and Turkey, “the production of G S tape was suspended on the grounds of delay in payment, etc.”

However, even if the contract was reversed between F and the victim, the victim's production of tape was not suspended, and the reason for the cancellation of the contract was not due to the delay of payment by the victim, but due to the dispute over the quality of tape produced by F.

After all, Defendant A spreaded false facts that the production of tapes was suspended due to the occurrence of financial problems of the victim, thereby impairing the victim’s credit, and at the same time hindering the victim’s overseas export business by spreading false facts.

Summary of Evidence

1. The defendant A's partial statement

1. Examination protocol of Defendant A by the prosecution;

1. Each police interrogation protocol against the Defendants

1. Statement of the police officer to I;

1. Application of statutes governing the original text of e-mail;

1. Article 313 of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse;

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