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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
B is a person who actually operates the Cosmetics Manufacturing and Sales Business Co., Ltd., Ltd. in the Yeonsu-gu Incheon Metropolitan City F, and Defendant A is an employee of the above company with interest on the representative director in the name of the company G, and the Defendants secured the favorable status in relation to the sale of the “Clost 9” and civil disputes (the preliminary injunction for the prohibition of unfair competition practices) in relation to the victim company, a competition company that manufactures and sells the cosmetic “Clost 9,” and conspired to distribute false report materials related to the victim company to the press in order to interfere with the victim company’s business.
Although the Korea Customs Service did not prohibit the customs clearance of the “Clost 9” cosmetics manufactured and sold by the injured company, Defendant B, at the office of G Co., Ltd. around April 14, 2015, ordered that the Korea Customs Service prohibit customs clearance of the materials, other than G, “Clost 9, as well as the raw materials, for which the mission of the company is specified.”
(State)G will be prohibited from customs clearance from 14th to 14th, through mutual assistance with the relevant ministries and agencies in Korea, as well as with the Korea Customs Service.
Upon Defendant B’s instruction, Defendant A sent the above report materials to H, who is a director in charge of publicity of Company G, and had the reporter of the Internet journal’s “Ethy” posted the above materials on the Internet “Ethy” website through the Internet journalist.
As a result, the Defendants conspired, thereby impairing the honor of the victim through the information and communications network, and spread false information, thereby hindering the sales of the victim company.
Summary of Evidence
1. Defendant A’s legal statement 1.