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(영문) 부산지방법원동부지원 2020.12.23 2020고단2446
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. Defendant A and Defendant B, the complainant, are members of the Busan Jin-gu Busan D redevelopment area. A.

On January 13, 2020, the Defendant, at around 09:51 on January 13, 202, posted a letter stating that “A person who wishes to obtain the president of the partnership shall have provided support for KRW 10,00,000,00,000 to the Kakao Stockholm group conference room in which more than 300 members of the D redevelopment area participate,” and that “A person who wants to obtain the president of the partnership shall have provided the said money first and received the said money,” and “A person who is the representative of the proposing by the present, shall have provided the amount of 7.8 million,00,000,000,000,000,000,000 won.”

However, the complainant did not have received KRW 10 million from the hinterland, and there was no way to use KRW 78 million at the expense.

The Defendant, for the purpose of slandering such information, destroyed the reputation of the complainant by divulging publicly false information via an information and communications network.

B. On February 11, 2020, the Defendant posted a notice stating that “a person who does not have one per cent of the capacity of the head of the association because he/she deposited with the funds,” and “a person who terminates after dismissal of the head of the association and selects an enterprise suitable for his/her massage” and “a person who has an interest in the process of selecting the contractor and sells the commercial buildings, etc., has an interest right to do so, and is able to grow up with a scarkao group,” and “a person who is not equipped with one per cent of the capacity of the head of the association.”

However, in fact, the complainant did not interfere with the external separation power, or he did not have the right to discipline for the purpose of machines.

In order to defame the complainant, the Defendant revealed publicly false information through an information and communications network, thereby impairing the reputation of the complainant.

2. Applicable provisions to the facts charged: The Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Promotion of Information and Communications Network Utilization and Information Protection, Etc.

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