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(영문) 서울중앙지방법원 2017.05.31 2015고단205
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant worked as the vice president of the victim C from March 5, 2012 to July 31, 2013, and is currently engaged in the clothes business.

At around September 23:01, 201, the Defendant submitted to the International account of the head of G G G company of Japan, which is a business partner of the company D, by using the F account, for the benefit of China, around 23:01, 201, the Defendant “C” in the first account of the head of G G company of Japan, which is a business partner of the company D, and operates the business.

It is known that each brand product of points has produced many brand products and has sold products remaining after delivery in China/Korea illegally.

A brand level is also sold without being detached. It is also sold.

I have the honor to become C of the Korean Company D.

“The mail sent the text of “...........”

However, there was no fact that the victim and the victim worked for the victim would sell the products of points that became out of the delivery to the J of other competitive private parties or sold the products in China and Korea unfairly.

Accordingly, with a view to harming the victim C, the Defendant revealed any false information openly through the information and communication network, thereby impairing the honor of the victim C, and spreading false information, thereby hindering the business of clothing sales, etc. of the victim C and D Co., Ltd.

Summary of Evidence

1. The defendant's legal statement (the 12th trial date);

1. Statement made by C by the witness in the second public trial protocol;

1. Statement of the witness K and L in the fifth public trial records;

1. Entry of the witness M in the sixth public trial records;

1. Statement made by the police with respect to the N;

1. Original and translation of e-mail and data on the reception of e-mail;

1. Application of the Acts and subordinate statutes referred to as a notarial deed (a translation of evidence of departure from a technical system) and an appellant;

1. Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Defamation”) regarding criminal facts and Article 314(1) of the Criminal Act.

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