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(영문) 서울중앙지방법원 2014.02.19 2013고정5629
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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 person shall reveal a false fact openly through an information and communications network with intent to defame another person and impair the reputation of another person.

Nevertheless, the Defendant, at the Defendant’s house located in Seongbuk-gu Seoul Metropolitan Government C 106dong 509, up to the ID of “F” on the victim E Stock Company bulletin board, and up to February 28, 2013, up to 12:59, posted a notice stating that “300 won of net asset per share has already been shouldered and that it may have a face value of 200 won per year,” and (2) around 18:31 on February 28, 2013, up to 3:60 million won, the Defendant posted a notice stating that “the total number of 3:60,000,000 shares exceeds 8,000,000 won,” and (3) around 18:46, 2013, up to 2:50,500,000 won shares issued by the EM company, and (4) around 18:5,500,000 won shares issued by the EM company.

However, in fact, ① at the time of the Defendant’s filing of this writing, the net assets per E company were approximately KRW 5,428, ② the conversion of convertible bonds of KRW 3,264 billion into the shares were KRW 4.6 million, not KRW 66 million, and KRW 4,600,000,000, not KRW 70,000. ③ Since convertible bonds are converted into one share per share of KRW 70,750,000,000, not KRW 500,000,000, which is the total amount of convertible bonds, are 70,750,000,000 won.

Accordingly, the defendant has damaged honor by openly pointing out false facts about the victim E stock company through information and communication network for the purpose of slandering four times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of the Acts and subordinate statutes on screen pictures following the Internet closure.

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