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(영문) 서울중앙지방법원 2014.04.07 2013고정4604
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The facts of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) were already subject to a non-prosecution disposition with respect to the suspected charge of interference with business affairs and fabrication of private documents by the victim C, and there was no fact that the victim D or E was approved for illegal construction, used violence

Nevertheless, around August 18, 2012, the Defendant sent mobile phone text messages to G, which read, “The apartmentless owners and managers (C) committed an unlawful act, such as coercioning to forge private documents that interfere with the business,” to G, on August 8, 2012.

In addition, from around that time to August 28, 2012, the Defendant damaged the honor of the victim C, D, and E by openly pointing out false facts by transmitting mobile phone text messages to G seven times in total, as shown in the list of crimes in the attached Table.

In the facts charged, the other party to the transmission of text messages stated that “The sectional owners of “J” located in Seocho-gu Seoul Metropolitan Government I, but since the prosecutor did not specifically specify the other party to the transmission of text messages, the other party to the crime of this case shall be stated only as G.

2. On June 2010, the Defendant: (a) stated, without authority, that “C(C) position” column in the front name column of the computer on the “C(C) position” column on the paper of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government F and 103 for the purpose of uttering; and (b) stated in the main text, “I swear that I will be able to perform the following: (c) I will be able to faithfully perform the following and will be able to assume legal responsibilities if I faithfully perform it or fail to perform it; and (d) stated in the main text, “I will not engage in any conduct contrary to the common interest of J-owner

2. It will revoke the approval of construction that changes the use of J-First Ground Living Facilities (joint restaurant) into officetels or studio.

3. Underground shops resolved at the management body meeting on July 2008.

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