Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to a suspended sentence of two years for fraud, etc. at the Seoul Western District Court on October 8, 2013, and the above sentence was finalized on November 8, 2013 of the same year. While no one repeatedly distributes information with the content that arouses fear or apprehension through an information and communications network to reach the other party, the Defendant did not make a loan by means of a loan agreement between the victim B and the private park cemetery business loan agreement.

피고인은 2013. 6. 26.부터 2013. 7. 25.까지 자신의 휴대전화(C)를 이용하여 피해자의 정보통신망인 휴대전화(D)에 “사기꾼, 가만두지 않겠다. 고소하겠다, 공무원 뇌물 준 것 다 녹음 해 놨다”라는 것을 비롯하여 별지 첨부한 범죄일람표와 같이 총 93회에 걸쳐 문자메시지를 보내 정보통신망을 통하여 공포심이나 불안감을 유발하는 글을 반복적으로 피해자에게 도달하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Data by cutting text messages;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;