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(영문) 서울서부지방법원 2015.05.07 2014고정2151
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, in the name of Eunpyeong-gu Seoul and 106 Dong 508, 508, operated a health club in the name of “E” in the name of “E”, and the victim F opened a health club in the E area, with the trade name of “G”. The Defendant was willing to spread false information by posting and attaching a banner and a leaflet stating the same, even though the victim did not have closed the health club or escaped after receiving only the membership registration fee.

Accordingly, from April 23, 2014 to February 26, 2014, the Defendant posted the phrase “I” on a banner with a size of 1 meter wide from 5 meters wide in front of G road operated by the victim in Eunpyeong-gu Seoul Metropolitan H building, and attached a leaflet stating “I” on the front side of the said road, “I”, “I”, “I”, “I”, “I”, “I”, “I”, and “Ipppp” et al. installed on the front side of the said road.”

Accordingly, the defendant spreads false facts and interfered with the victim's healthcare business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes on site photographs, such as a Slander complex, a attached electric complex, and a banner;

1. Article 314 (1) and Article 313 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, from Eunpyeong-gu Seoul Metropolitan Government and 106 dong 508 D apartment 2 to “E”, operated a health club with the trade name of “E”, and the Defendant, in the E neighborhood, committed a defect in opening of the operation of the Victim K, which is the same kind of company, in E, with the victim recruited members of the health club, received only the membership registration fee, and did not have closed the health club or escaped, with the intent to defame the victim by revealing false facts.

May 2014

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