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(영문) 서울중앙지방법원 2016.09.28 2015고정4509
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a representative of the first underground floor of “D shopping mall” located in Yeongdeungpo-gu Seoul Metropolitan Government.

On February 23, 2015, the Defendant embezzled the following: (a) at the office of the shopping mall management department office around February 23, 2015, the Defendant: (b) although there was no fact that the Victim E embezzleds public funds and illegally occupied the office of the first floor without permission; or (c) fabricated false books to conceal the fact of embezzlement of public funds, the Defendant provided management services to approximately seven hundred and fifty (750) owners of the shopping malls, such as F, G, and H, using the name of the staff member.

(art.) The Government has embezzled and has continued to engage in the book manipulation, and has belonged to us for a few months.

Until now, I/E has occupied the first underground floor without permission and has used it as an office.

(B) The message was sent from around that time to April 11, 2015, including the transmission of the text message “,” and sent the text message indicating false facts on a total of six occasions, such as the table of crime committed in attached Form 1.

Accordingly, the defendant has damaged the reputation of the victim by openly exposing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Complaint (E);

1. Statement made by the police for E;

1. A protocol concerning the examination of the police officers of the accused;

1. Data to cut down a letter;

1. Receipts, confirmation notes, and details of transactions;

1. Application of non-prosecution decisions and civil-related judicial decisions and statutes;

1. Article 70 (2) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., and Selection of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. At the time of determining the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant embezzled KRW 20 million in fact by E.

I think, I think that the text messages are sent for the benefit of the divided owners, and that there is no illegality for the purpose of slandering.

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