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(영문) 창원지방법원 2016.03.24 2016고정202
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant introduced construction business operators to the victim B who leased the Defendant’s residence, and received five million won from the above B as the introduction fee for the construction of the above residential building. The Defendant did not pay the above introduction fee to the victim B and his husband, who was his husband, continued to send text messages to the victim C.

1. On July 20, 2015, the Defendant: (a) sent the victim a text message of “Isriju or Isriland” to the victim with the mobile phone (D) of the Defendant’s cell phone at a non-permanent place; and (b) around July 16:38, 2015, the Defendant sent the victim a text message of “Isriju or Isriland”

The phrase “as soon as possible giving a two-way mold” reached the other party repeatedly by sending text messages from June 3, 2015 to August 6, 2015, such as sending text messages, etc.

2. On July 20, 2015, the Defendant sent the victim the victim’s text message “I am sawd from the last place of the Defendant’s mobile phone (D) with the Defendant’s mobile phone at the place of the crime on July 20, 2015.” On July 23, 2015, the Defendant sent the victim the victim the text message “I am am her husband’s company F,” and sent around July 23, 2015, the text message “I am her husband’s company F.” from around July 20, 2015 to July 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each complaint (including each accompanying material);

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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