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

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

Punishment of the crime

The Defendant is a person who uses the “D” at the “C” website.

피고인은 2015. 12. 22. 11:23경 위 사이트의 시사게시판에 “연예계 성상납 ‘E’리스트 이름 사진 공개!!“라는 제목으로 게시글(F)을 올리고, 게시글 하단에 피해자 G(남, 40세)의 실명, 직업, 약력이 포함된 ‘H’ 사이트 게시글(I)을 링크하여 마치 피해자가 E으로부터 속칭 ‘성상납’을 받은 것처럼 게시글을 작성하였으나 피해자는 E으로부터 성상납을 받은 사실이 없었다.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the statement of G;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion ① The Defendant’s act of posting the instant notice C by posting a link to the instant H site does not constitute “an act of disclosing facts” as provided by the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”).

② The Defendant only written his writing in mind with JC and did not have an interest in the victim so that there was no intention to defame the victim.

2. Determination

A. In full view of all the following circumstances acknowledged by the evidence of the judgment as to whether the Defendant constituted an act of gathering facts, the Defendant’s act of posting the instant notice in the manner of posting links to the H site in this case is practically the H site.