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(영문) 서울중앙지방법원 2009. 2. 11. 선고 2008고정618,2008고정1187(병합) 판결
[정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)·명예훼손·업무방해][미간행]
Escopics

Defendant

Prosecutor

Park Ma-young

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 50,000 won into one day.

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

Criminal facts

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation) and interference with business;

The Defendant, a person operating modern environmental energy, was well aware that the Defendant had no infringement of the Defendant’s patent, which was registered as a utility model and produced by Nonindicted Party 1 as an invention of “in-house engine straw,” the victim Nonindicted Party 1, did not infringe on the Defendant’s patent.

Nevertheless, around June 8, 2007, the Defendant posted a false statement on the Internet bulletin board of the company’s Internet homepage (hereinafter “Defendant”) that “The Defendant may be held liable for civil or criminal liability if the Defendant sells or purchases the product because the fluor infringes on the Defendant’s patent,” with a view to interfering with the Defendant’s sales of flus and slandering the victim.”

In addition, around June 21, 2007, a computer sent to the operator and the number of members of the Internet “New Franscing Congress” through a computer.

Accordingly, the defendant injured the victim's reputation by openly pointing out false facts through the Internet, and at the same time interfered with the victim's online sales by deceptive means.

2. Defamation and interference with business;

Around June 11, 2007 and around June 18, 2007, the Defendant sent to the representative of Nonindicted Co. 5 and the representative of the Twiter Co. 5, a distribution company of the said Twiter on the grounds of the preceding paragraph, each of the following: (a) thereby impairing the honor of the victim Nonindicted Co. 1 by openly pointing out false facts; (b) at the same time, the Defendant interfered with the victim’s duties by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement made by the police on Nonindicted 1 and 4

1. Posting an Internet (Duplicate), a copy of a document evidencing contents, and a copy of a delivery contract;

1. Statement of the investigation report; and

Application of Statutes

1. Article applicable to criminal facts;

Article 61(2) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 8778, Dec. 21, 2007); Articles 307(2) and 314(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of each fine

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Jeon Soo-tae

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