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(영문) 춘천지방법원 속초지원 2013.11.27 2013고정193
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall allow any person to repeatedly reach another person in the form of code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 18:20 on March 9, 2013, the Defendant sent a text message to the above victim’s cell phone (G) using the Defendant’s cell phone (E) and general telephone (F) for the reason that the victim D (E) who was a person living together, did not lend KRW 10,000,000,00 to the Defendant’s house located in Kangyang-gun, Yangyang-gun, the Defendant: (a) sent a text message stating that “the money sent by copying the passbook is necessary to do so; and (b) sent the above victim’s text message and voice message at least nine times in total, as shown in the attached list of crimes, from the time on May 23, 2013.

As a result, the Defendant repeatedly reached the language and voice that arouses fear to the above victim by the above act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to record voice of the accused and to submit a record of contents of letters);

1. Application of Acts and subordinate statutes governing recording records;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. concerning the relevant criminal facts, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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