Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

No one shall repeatedly send codes, language, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

On September 3, 2014, the Defendant filed a complaint with the victim C using a mobile phone (B) in Seoul around September 10:23, 2014 with the victim C’s mobile phone (D).

From the time of sending the message to February 8, 2015, “the message was sent to the victim’s cell phone at least 57 times in total, as indicated in the list of offenses, and the message sent to the victim’s cell phone was sent to the victim repeatedly, resulting in fear or apprehension through the information and communications network.

Summary of Evidence

1. Defendant’s legal statement (a statement recognizing the delivery of text messages identical to facts constituting an offense);

1. Statement made by the police with regard to C;

1. Correspondence messages attached to the written complaint;

1. The application of each text message (from September 15, 2014 to January 1, 2016, from January 16, 2015 to February 8, 2015) statute shall apply.

1. Article 74 (1) 3 and Article 44-7 (1) 3 (Selection of Penalty) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant did not have any intention to arouse apprehensions about the defendant's assertion under Article 334 (1) of the Criminal Procedure Act in relation to the order of provisional payment

The argument is asserted.

However, according to the above evidence, the letter message sent by the Defendant is not merely required to conclude a contract or repay a double amount of down payment, but also it is called “to file a complaint with the police”, “to evade a tax with the National Tax Service”, and “ not to do so.”

These text messages communicate the victim's intent to cause harm to the victim's property or personal affairs without the defendant's request, and cause fear and apprehensions to the victim.