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(영문) 서울중앙지방법원 2017.09.06 2017고정101
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

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

Reasons

Punishment of the crime

Basic Facts

The Defendant is a trade name “B,” the victim C is a “D,” and the victim E is a “F,” and the victim E is a person engaged in the business of selling and selling and receiving entrustment of a well-known family room, etc.

On the other hand, on June 2014, the Defendant received a request from G for the consignment sale of two “Irman” trademarks from G, and around that time, sent a photograph of the above bank on the Internet homepage of the store operated by the victims. On the basis of his experience and uncertain materials, the Defendant readily concluded the above bank as a temporary product sold by the victims. On the other hand, the Defendant attempted to spread false facts to the effect that, on the Internet site, the victims refer to the store of the victims, and sell the above bank as a genuine material as if they were a genuine material.

Criminal facts

1. Around 15:59 on June 24, 2014, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) refers to the victim E for the purpose of disturbing the victim E by accessing the Internet, which is a trading site of secondhand and well-known goods, by using a mobile phone at “I” store located on the first floor of H building in Gangnam-gu Seoul Metropolitan Government, Seoul, to access the Internet, a mobile phone, to the knowledge bulletin board of “J” which is a trading site of secondhand and well-known goods, and “I are identified as a subordinate product in all of the results of authentic appraisal.”

Before being developed as a serious problem, in a manner that, by posting a letter, “I will tell you you before being developed and allowing many and unspecified people who have access to the above site to see, the victim E posted the above door, which is a subordinate of the victim, on its own store website as if it was a genuine master book, and sold it openly.

(b).

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