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(영문) 부산지방법원 서부지원 2020.05.22 2019고단2679
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

The victim D, who is the operator of B Ka P, had no illegal profits in the course of operating the Ka P, and there is no fact that there are 3 parts of the E building.

1. On March 7, 2019, at around 15:55, the Defendant posted a false statement on the title “I” using access to F apartment G of Gangseo-gu Busan Metropolitan City to “I” and using the title “I” as “I”. Then, at around 21:52, the Defendant posted a false statement on the comments that “I will have three or more advertisements in the Kapet E building only on a one-year basis, with an advertising cost exceeding 150 million won.”

Accordingly, the defendant revealed publicly false information through information and communication network for the purpose of slandering the victim, thereby impairing the victim's honor.

2. On March 8, 2019, at the above location, the Defendant posted a false statement on the title “C operator Abbbs,” “K,” using the title “K,” and, at around 23:56, the Defendant posted a false statement on the comments, “as much as ordinary people are unable to win, making loans to a large amount of money, thereby making profits through the operation of Mamo-mp, not only one but also three or more others.”

Accordingly, the defendant revealed publicly false information through information and communication network for the purpose of slandering the victim, thereby impairing the victim's honor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of Materials by a complainant);

1. Promotion of the use of each information and communications network and the protection of information regarding criminal facts;

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