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(영문) 인천지방법원 2014.11.14 2014노3094
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant posted a notice on the “Real Estate Day” website (hereinafter “instant notice”) concerns private areas between the Defendant and the victim, and in light of the content thereof, the subject may identify the facts that he/she is the victim, using the saf distance as indicated in the facts charged, using the expression of safm, such as the fact-finding distance, and posting a safry and the saf that did not receive a brokerage commission, and thus, the Defendant had the intent to slander

2. Determination

A. The lower court determined that the following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (a) although some expressions of the posting of this case were either through or did not exist; (b) the main content of the posting is “the victims who intend to operate real estate brokerage business with a licensed real estate agent’s license directly interest in real estate goods introduced by the Defendant in order to pay brokerage fees,” and (c) the overall purport of the posting of this case is to prevent similar damage to other licensed real estate agents and to establish a sound trade order in a real estate agent’s sound trade practice, and it is reasonable to view that there was no evidence to acknowledge that there was no other purpose of defamation against the Defendant, taking into account the following: (a) the victims who wish to operate real estate brokerage business with a licensed real estate agent’s license were directly interest in real estate goods introduced by the Defendant; and (b) the overall purpose of the posting of this case is to prevent any harm to other licensed real estate agents and to establish a fair trade order.

B. Part 1 of the Judgment of the Political Party.

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