A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, the Defendant sent a text message to the victim’s cell phone at approximately 6 months after he she sawd with the victim C, which did not receive a return of KRW 25 million. On February 19, 2015, the Defendant repeatedly sent a text message to the victim’s cell phone at approximately 133 times in total, including, but not limited to, sending a text message to the victim’s cell phone at approximately 12:12 on February 19, 2015, “I do not know about the right to prompt payment of human money.” In addition, from around that time to June 23:40, 2015, the Defendant repeatedly sent a text message to the victim’s cell phone at least 133 times in total, which led to fear or apprehension through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Court rulings and mediation protocols;

1. Application of text messages to Acts and subordinate statutes;

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. concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed the instant crime even though he/she had the record of being punished for the same crime committed against the same victim, and the fact that the defendant led to confession and reflects the instant crime, and that the defendant has no criminal record of probation or heavier within the last ten years is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.