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(영문) 대전지방법원 논산지원 2019.03.26 2019고정2
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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

【The relationship between the injured party and the defendant】 The injured party B is a company that produces “D”, a kind of spreading agents that ensure the spread of medicine on the surface of crops or pests in the event of spraying agrochemicals from his/her her son, farm, etc. in Busan to his/her son, etc. and sells them to the farm.

The Defendant is a person who, from around September to October 2017, operated a corporation B’s agency, sells its business with G Co., Ltd., which sells “F” in the form of a Korean-style sales contract with G Co., Ltd., which sells “F” in the form of a single type of diffusion mechanism, to the present day from November 1, 2017.

【Around January 2018, the Defendant: (a) had access to the Internet NAV “H” in an influent place at a time below the end of 2018; (b) had not used the expression “D” referring to the damage of agricultural produce by agrochemicals because it was not a pesticide; (c) had a photograph of “D” produced by the victim Company B from a farmer who used the NA “D” as an agrochemical to receive from the end of the leaf, thereby promoting the sale of “F” sold by the Defendant and preventing the farmers from purchasing the products of the victim in competition; (d) in order to promote the sale of “F” and prevent the victims from purchasing the products of the victim company in competition, it was written to the effect that only one farming household does not appear.

Accordingly, the Defendant, with a view to slandering the Victim B corporation, destroyed the reputation of others by divulging public facts through information and communications networks.

Summary of Evidence

1. Each police statement to I and E;

1. A complaint;

1. A mobile apps;

1. Test results, etc.;

1. Legal chemicals;

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