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(영문) 서울남부지방법원 2015.05.08 2014고정3619
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was a general director of the Guro-gu Seoul Metropolitan Government council of occupants’ representatives from September 201 to August 2013, 201, and the victim D was a general director of the said council of occupants’ representatives from September 2013 to February 2014.

The council of occupants' representatives held a regular meeting on October 18, 2013 and passed a resolution to convert the existing apartment homepage into the next car page. On November 21, 2013, the council of occupants' representatives held a regular meeting on December 21, 2013, closed the existing apartment homepage and open the next car page, and made a resolution on the operation of the apartment page, such as that the council of occupants' representatives is responsible for it and that the general director is decided on the car page. Accordingly, the above apartment car page was established on December 1, 2013.

On January 9, 2014 and January 23, 2014, the Defendant submitted a civil petition related to the apartment website to the Ministry of Land, Infrastructure and Transport, and submitted a reply to the effect that “No separate provision is provided for in the Housing Act on the operation of the Internet car page in the apartment house under the Housing Act, so it is a matter of self-determination, and the Internet car page does not fall under the Internet homepage under Article 56 of the Enforcement Decree of the Housing Act.” There was no fact that there was no reply to the effect that the establishment of the Internet web page in the apartment complex is mandatory, or that the establishment of the Internet car page is invalid or illegal because it violated the Housing Act and subordinate statutes.

Nevertheless, the defendant had access to the Internet portal bulletin board, which was opened on the website after the Internet portal using a computer, at his own residence in Guro-gu Seoul Metropolitan Government, and posted the following writing.

1. On January 14, 2014, the Defendant, at around 22:39, called “Internet car page may not be used on official website”, and on the National Land Register, the Housing Act is the same.

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