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(영문) 대구지방법원 2015.09.23 2015고정1770
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall repeatedly send any codes, words, sound, image, or motion picture that arouses fear or apprehension to any other person through an information and communications network;

Nevertheless, at around 12:38 on February 21, 2015, the Defendant sent a text message stating that “I ambling down in the cell phone of the victim B (the age of 63)” from the Defendant’s mobile phone using the Defendant’s mobile phone, etc. on the same day, around 02:39 on the same day, the Defendant sent a text message to the victim at around 31:10 on March 21, 2015, stating “I ambling off with fraud” and “I ambling with fraud” at around 12:38 on February 21, 2015, from around 38 to March 12:10 on March 31, 2015.

2. On March 2015, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) sent text messages to E’s cell phone, the former part of the victim, who was stored in the Defendant’s cell phone, for the purpose of slandering the victim on the ground that the victim was not able to repay the money borrowed from the Defendant, on the ground that the victim did not borrow money from the Defendant. As such, the Defendant sent the text messages to E’s cell phone, which is the former part of the victim’s wife, a photograph of panty and the victim’s clothes, etc.

Accordingly, the defendant has damaged the reputation of the victim by divulging facts openly through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report (to telephone conversations for witnesses and Eth of witnesses);

1. Application of the Acts and subordinate statutes concerning photographs, letters, and Kakaoo Stockholm conversations;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts (the point of transmitting words and phrases causing fears and apprehensions, and the selection of fines).

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