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The prosecution of this case is dismissed.
Reasons
1. No person who is the summary of the facts charged in this case shall openly conceal any fact or false fact through an information and communications network with intent to defame any other person, thereby impairing the reputation of any other person;
On July 12, 2016, around 22:07, the Defendant, at his own house of Suwon-gu, Busan Metropolitan City B apartment B, B, 701, connected to the Internet conference (C) comprised of residents living in the above apartment by using a mobile phone, referred to as the victim D (A Dong 502) (C) by accessing the Internet conference, which is a community group of residents living in the above apartment, and even though he did not embezzled the management expenses of the above D, the Defendant would not disclose the management expenses and wear the management expenses.
The cost of collecting 190,000 won has been paid for 300,000 won.
I.
A false fact was posted as if the victimized person embezzled the management expenses by stating ", etc.".
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts with the aim of slandering through information and communications networks.
2. The facts charged in the instant case are crimes falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 70(3) of the same Act. According to the records, it is recognized that the victim expressed his intention not to punish the defendant after the institution of the instant prosecution. Thus, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.