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(영문) 서울중앙지방법원 2013.09.13 2012고정6221
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 shall be paid.

Reasons

Punishment of the crime

The defendant is a business officer of C Co., Ltd., which is a sound device company, and around May 2012, when D Co., Ltd., a competitor who works as a regular director, supplied the sound equipment to ECo, Ltd., to which D belongs, with the purpose of slandering D, which is nothing more than the Femblance of the Femlance, and the victim company is irrelevant to the Femlity of the Femlance, but the victim company is an enterprise belonging to the Femlity Council, and the E church funds are paid through the victim company, thereby impairing the victim's reputation.

At around 21:55 on June 1, 2012, the Defendant, using mobile phones (G), sent false text messages to 36 new secretaries, such as E church I and J pastors, stating that “The church which is a regular order of 50-year history, is a sexual electrical construction contract with the Ethical entity. I need to cancel the letter. There is a rapid debate with F and H groups. There is a rapid debate. This absolute text message is not easy. I will not delay. I sent false text messages to 36 secretaries, such as E church I and J pastors.”

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

Summary of Evidence

1. The defendant's partial statement in court (the statement that corresponds to the defendant's transmission of text messages of this case);

1. Statement corresponding thereto in the protocol of examination of a witness to D of this Court;

1. Application of Acts and subordinate statutes to the petition for accusation (including attached text messages);

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

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

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is a new one.

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