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(영문) 서울중앙지방법원 2013.11.22 2013고정2888
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around March 26, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) sent a false text message to approximately 400 persons who joined the said company through the Internet site “Netroion” for the purpose of slandering the victim E who was the representative director of the corporation D, which was in office by the Defendant, around 102 Dong 1003, Seocho-gu Seoul Metropolitan Government, thereby impairing the reputation of the victim.

2. Although the victim E did not have abused, the Defendant: (a) spreaded false information as above; (b) made the phone calls requesting a claim and refund from about 10 customers of the said company; and (c) obstructed the victim’s provision of marriage information and sexual intercourse by making the images of the said company and the victim lose; and (d) obstructed the victim’s provision of marriage information and sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding E;

1. Application of the law to include some statements in the police interrogation protocol against the defendant

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 314 (1) and 313 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant sent a false text message with the same method as indicated in Paragraph 1 of the holding that “D president shall not absolutely use a person who makes a delayed payment of wages,” thereby undermining the honor of the victim, and interfere with the victim’s business as described in Paragraph 2 of the holding, by spreading such false information.

2. Determinations in this part.

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