Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Nameed)

Examples and Damage)

the operation of the Defendant, 78-years, South and North, and photographic books

Residential Ulsan

The vicinity (prosecutions) and Kim Scar-jin (Trial)

Attorney Han-chul

February 5, 2021

A defendant shall be punished by a fine of five million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

피고인은 피해자 이○○(남, 51세), 피해자 원○○(여, 45세)로부터 울산 중구에 있는 모 사진관을 인수한 뒤 상호를 '마**'로 변경하여 사진관을 운영하고 있는 사람이다. 피고인은 위 사진관을 인수한 후 사진 촬영 등 계약 이행을 하여야 할 고객들이 생각보다 많자 화가 나 사실 피해자들이 사진관의 영업을 임의로 중단하고 고객들에 대한 계약 사항을 이행하지 않을 의도로 도망간 사실이 없음에도, 2019. 12. 5.경 위 사진관의 '네이버' 카페 메인 페이지에 "문 닫고 도망간 모 전대표 연락처! 전 모 대표 이○O: 010-38XX-9XXX, 전 모 원○○ 실장: 010-93XX-9XXX, 전화 한 통씩만 하세 요!!"라는 글을 게시하여 비방할 목적으로 정보통신망을 통하여 공공연하게 거짓의 사실을 드러내어 피해자들의 명예를 훼손하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness this* Legal Statements

1. Letters and Kakaos sent and received between the suspect and the victim;

1. A contract for acquisition by transfer or transfer of rights;

1. Posting a notice stating "to close door on the camera page" and "the representative before the mother between flight and escape";

1. Letters sent and received between the suspect and the victims;

1. The defendant and his defense counsel asserted that the defendant's notice of the suspect's car page and the contents of the letter sent between the suspect and the victims are merely an expression of opinion or thoughts, not a factual presentation, and that there is no intention of defamation.

In order to establish the crime of defamation, a statement of fact must be made. Here, the term “fact that is the object of a statement” refers to the past or present fact that may actually occur and prove (see Supreme Court Decision 2002Do7420, May 13, 2003). In light of the contents, phrases, and the contexts of the Defendant’s comments posted as stated in its reasoning, the purport of this article appears to be that the victims lost their intent to avoid performing their contract with their customers, and thus, it is determined that the truth of the past fact that can be proven is revealed.

○○ Victim* was determined to have been well aware of these circumstances by concluding a contract for transfer of steis and steis with the Defendant, and the Defendant was also aware of these circumstances. However, even if there was a dispute over the number of customers who were not performed, it is difficult to deem the victims to have closed or fled. Nevertheless, as the Defendant posted a letter as stated in its reasoning, it is sufficiently recognized the intention of defamation.

Application of Statutes

1. Article applicable to criminal facts;

Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The number of judges