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(영문) 서울서부지방법원 2015.01.14 2014고단1168
출판물에의한명예훼손등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who serves as the reporter of the “C” in the main place for current events.

1. Around July 17, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and Information Protection and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) came to receive high-priced gifts from the president of the E company I, when G former president is in office, for the purpose of slandering the victim E company.

G is included in the list of the Company’s gifts so obtained by G. G.

(34) Details of the E gift list. The names inside and outside the G President are also included.

(37면). ② I은 H 전 국정원장과 J 전 장관, K 전 국무차장이 취임할 때 별도로 ‘영전 축하금’까지 건넸다(34면). ③ G 전 대통령, H 전 국정원장, J 전 장관, K 전 국무차장은 전화 통화에서 ‘비서 통해 선물 수령’ 또는 ‘선물 또는 영전 축하금’을 시인하였으며(36면), 라는 내용의 기사를 게재하였다.

However, the facts are as follows: ① the victim only received gifts from the former president, and there was no fact that the victim sent gifts from the former president; ② the victim only sent H et al. with the name of the enemy, and there was no delivery of “YY congratulatory congratulatory money”; ③ The former president, etc. did not have any knowledge of the above facts through telephone conversations or visa with the Defendant.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through information and communication network with a view to slandering the person.

2. On July 13, 2013, the Defendant’s defamation via publications, etc. posted articles of the said C Office in one page of the said C Office and one page of the C, “C,” and thereby damaging the reputation of the victim by openly pointing out false facts by publishing articles of the said paragraphs (1) through (3).

(i) the evidence;

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