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(영문) 인천지방법원 2018.12.21 2018고정2507
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall repeatedly reach another person with any sign, text, sound, image, or picture that may cause fear or apprehension through an information and communications network.

Nevertheless, on the ground that the Defendant did not repay the Defendant’s credit payment amounting to KRW 12 million to the victim B (n, 28 years of age) on June 15, 2018, on the ground that he did not repay the Defendant’s credit payment amounting to KRW 12 million, the Defendant sent the Defendant’s cell phone to the victim, using the Defendant’s cell phone, and the Defendant’s cell phone text messages with the meaning that he was found at the victim’s home. Moreover, the Defendant repeatedly sent eight times from the above day to June 17:38, 2018 by means of the information and communications network, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes, such as the contents of text notes;

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

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

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

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