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(영문) 울산지방법원 2013.05.09 2013고단344
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of Information and Communications Network Utilization Promotion Act;

A. At around 18:31 on May 13, 201, the Defendant sent to the victim’s cell phone (E) a written message “the return of money changed from baton to baton,” on the ground that the Defendant’s home located in Ulsan-gu D apartment 109:501, the Defendant did not return the down payment of the real estate sales contract terminated by the Defendant, and sent the victim’s cell phone (E) a text message “the return of money changed from baton” to 12:02 on May 9, 2011, from around 12:02 to August 11:09, 201, as indicated in the attached list of crimes (victim C).

B. The Defendant, at around 14:41 on May 13, 2012, sent the victim F a text message to the victim F (G) mobile phone (G) of the victim F (hereinafter “F) working together with the said C at the place described in the preceding paragraph, stating that “The victim F was sent from around 14:41 on May 13, 2012 to the victim F (hereinafter “FF”) one more time, in which the victim’s age or volume is humd and the hump is humd one time, and then, from around 06:52 on February 29, 2012.

6. From around 20:38, up to 22 times, the language leading up to fear and apprehensions repeatedly reached the victim 22 times, such as the statement in the annexed list of crimes (victim F).

C. Around July 17:21, 2012, the Defendant sent text messages to the victim’s cell phone (I) stating that “A victim H (or 40 years of age) who works as a real estate brokerage assistant with the above Defendant’s house does not fully repay the money from the victim’s cell phone (I)” on the ground that he/she did not repay the money from time to time, and that he/she does not repay the money from the victim’s cell phone (I), and from around July 15:26, 2012, the Defendant sent text messages to the victim’s cell phone (I).

7. By September 7, 199, the text that arouses fear or apprehensions over 42 times, such as the statement in the annexed list of crimes (victim H), reached the victim repeatedly.

A crime against the victim J.

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