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(영문) 서울중앙지방법원 2018.07.19 2018노713
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The facts charged in this case and the judgment of the court below

A. The Defendant in the facts charged in the instant case is a person who engages in clothing wholesale business under the trade name of “D” in the middle-gu Seoul Metropolitan Government 1st floor 21.

1) On May 24, 2017, the Defendant’s defamation against the victim E using a mobile phone at a place where the location of around 19:38 on May 24, 2017 cannot be known. As to the victim E, who is a joint management of the above commercial building, the owner of the above commercial building, “E, in the court, did not pay the management fee or the sectional owner did not pay the unpaid management fee, thereby covering the profit of the common area to the unpaid management fee and repeating the assertion that there was no room.

The phrase “the victim E” (hereinafter referred to as “victim E”) sent.

However, in fact, although the phrase "the owner of the divided land does not pay the management expenses or does not pay the management expenses" in this part is missing in the course of a trial, it is obvious that it is omitted in light of its purpose.

There was no assertion that the profit was appropriated for the unpaid management of the common area.

Accordingly, the Defendant posted false information for the purpose of slandering the victim through information and communication network, thereby damaging the honor of the victim publicly.

B) On May 25, 2017, the Defendant of defamation against the Victim F, using a mobile phone at a place where it is difficult to know the location around 12:48 on May 25, 2017, as to the victim F, who is the joint management of the above commercial building, “Korea commercial building is not a non-person of the same business. Our commercial building is not a person of the same business, but a monthly wage of 73 years old street with no professional knowledge in the management of the commercial building, and a small amount of monthly wage of 73 years old street in the management place,” and “I think whether the divided owner’s property right is inside in addition to the enormous monthly wage received from the F management unit and the parking lot.”

The phrase "(hereinafter referred to as "victim F") was sent."

(b).

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