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(영문) 서울중앙지방법원 2013.08.13 2012고정6314
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

The Defendant is a person who operates a “C” camera on the Internet website.

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

At around 13:40 on October 11, 201, the Defendant, at the second floor office of the DD building in Gwanak-gu in Seoul Special Metropolitan City, published the title "Internet E Crossing" on the above Kaf general bulletin board, as a result of the advertising receipt and monthly tax issues promised to sublease the office with the victim F, the president of the E E, who subleted his office.

In this article, "E is running across the office of South and North without paying the interest rate on the deposit, and E does not provide monthly rent from the first month to the last day of the second month before the termination of the contract, thereby causing pain to the owner of the building by creating a monthly demand and paying monthly rent every month." However, the victim has entered into a sub-lease agreement with the defendant to use the office on the condition that he pays monthly rent without the deposit for sub-lease, so the office is not occupied without permission, and on September 29, 201, prior to the publication of the above article, the victim has already transferred the monthly rent of KRW 2.9 million to the Defendant's post office account.

In order to defame the victim as above, the Defendant revealed publicly false information through an information and communications network, thereby impairing the honor of the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes on publication of complaint forms and carpets;

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. As to the assertion of the accused and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouse.

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