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(영문) 수원지방법원 2016.06.09 2016고정1087
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. On May 6, 2015, the Daejeon Consumer Association and the Fair Trade Commission jointly conducted the quality inspection of architecture in around 2014. On May 6, 2015, the test results were published as the quality of the products of Company B and one company, which were damaged companies, and the results of the test were published on the homepage of the victimized company.

On May 28, 2015, the Defendant, as C staff of the same industry, connectd the damaged company to Adi “F” on the Internet portal site NAVER’s bulletin board, with a view to slandering the damaged company in the EPC room “EPC” located in Suwon-si, Suwon-si on May 28, 2015, and, under title B, “G” still purchased at B’s false marketing, and with the mind that other damaged companies, such as those purchased at B’s false marketing, are going to know.

(m) The first day is a fraud marketing called “the selection of an excellent company to which the KBS consumer complaint is filed,” which sells Chinese synthetic architecture as a natural architecture, B (m) representative H (m) who well sees the media play.

호 갱님 대 사기극장 개봉 박두!!! ( 중략) KBS 소비자 고발을 사칭한 B.” 라는 글을 게시하였다.

In fact, however, it is not confirmed that the injured company sold the Chinese synthetic architecture in China, and H, the representative director of the victimized company, indirectly contributed to the broadcast, such as the KBS Consumer Accusation, so that H became aware of the excellence of the products of the victimized company, and the result of the examination conducted by the Daejeon Consumer Federation and the Fair Trade Commission is unfair.

In other words, the Defendant expressed as if the victimized company continuously sold defective products in a fraudulent manner.

Accordingly, with the aim of slandering against the Defendant, the Defendant posted a false fact openly through the information and communication network, thereby impairing the reputation of the damaged company.

2. The facts charged in the instant case are crimes falling under Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., and are victims pursuant to Article 70(3) of the same Act.

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