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(영문) 서울북부지방법원 2014.02.18 2013고정560
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From September 201, the Defendant was a person working as the head of the education office of the “D” private teaching institute operated by the Victim C from around September 201, and was notified of dismissal from the victim around September 29, 2012, and the Defendant was dissatisfied therewith.

1. Around October 12, 2012, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) sent a text message to the three mobile phones of the student’s parents attending the said private teaching institute, including sending a text message to the following purport: (a) the Defendant, at the residence of the Defendant, 104 Dong 1409, Nowon-gu, Seoul Special Metropolitan City E, and 1409, sent a cell phone of G, which is the mother of the student F (the first grade of elementary school) of the said private teaching institute, for the purpose of slandering the victim; (b) “A head of the C was a criminal case of the Nowon-gu Police Station and criminal case of the student of the said private teaching institute due to unauthorized residential intrusion; and (c) the head of the A office without permission, notified that he continues education after the registration of H adviser and the visitor

However, the defendant did not discontinue the above school and continued to operate the school.

As above, the Defendant, through an information and communications network, revealed the public fact (a criminal fact) and false fact, thereby impairing the honor of the victim.

2. The Defendant interfered with business by sending text messages to the effect that “the victim was a criminal case, and the above D was closed,” on the cell phone of four parents of the students of the above driving school including G, even though the victim did not have closed his/her business or reported the closure of his/her driving school, thereby spreading false information, thereby interfering with the victim’s driving school business, such as demanding the victim to refund refund.

Summary of Evidence

1. Each legal statement of witness C and G;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. A complaint;

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