A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On February 12, 2015, the Defendant: (a) sent a victim D as a candidate in the election of the president of the Saemaul Cooperative Saemaul Bank of Korea, which was held on February 12, 2015; and (b) had the mind to spread an anonymously unfavorable fact to the victim in order to defeat him.

On February 11, 2015, at around 19:34, the Defendant sent a text message to 127 representatives of the Saemaul Depository, who have the right to vote in the above election, using his own ordinary phone number (F) and other numbers of mobile phones (G) in the Defendant’s residence located in the Dobong-gu apartment of Dobong-gu Seoul Metropolitan Government, to 127 persons of the Saemaul Depository, who are entitled to vote in the above election. The purport was that even if the damaged person had had been punished in advance and there was no record of 320,000 won or less at the time of collection, the Defendant received an election fund from the gas charging business operator and received the said election, thereby making it a bad for the Defendant.

However, the victim did not receive election funds from the gas charging business operator.

Accordingly, with the aim of slandering the victim, the Defendant abused the victim’s reputation by openly pointing out false facts through information and communications networks, and slandered by spreading false facts about the candidate for the president of the Saemaul Treasury.

Summary of Evidence

1. Part of the defendant's legal statement (the part that sent text messages to representatives);

1. Each legal statement of witness D and I;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to the prosecutor by the J;

1. Application of Acts and subordinate statutes on criminal suspect A, K candidates and telephone conversations attached to the investigation report (Confirmation and Attachment of AC call details) and attached documents;

1. Article 70 (2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., Article 85 (3) and Article 22 (2) 4 of the Saemaul Depository Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant and the defense counsel provided the Defendant with the election funds to the victim.