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(영문) 서울서부지방법원 2017.07.20 2017고정662
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, at his own house around September 29, 2016, around 13:17, at Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government, and around 201, has the honor to perform rights funeral on the alley-type in the letter of “D” in the purchase and sale of a store posted by the Victim C on the Internet Nene Kabber P.

In a proper manner, the comments on the comments, “in the event of a crime,” stating that tax evasion is more than a crime without any business operator’s awareness,” were posted.

However, the victim registered the business operator and paid taxes, and the defendant posted the above comments without any grounds.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the submission of additional documents by a complainant);

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting a crime and Article 70 of the relevant Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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