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(영문) 서울중앙지방법원 2018.02.09 2017고정3832
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

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

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

Reasons

Punishment of the crime

On November 5, 2016, the Defendant, using mobile phone letters at an insular place, is required to request the operator of the clothing company B, who is a customer, to communicate with the victim C’s curriculum pictures.

29: (a) sent the text “C, i.e., a designer who intentionally and makes it impossible to carry on the business of stores or factories by cutting off the entire working instruction, and of money, up to the factory fluort,” which is the property of 29: (b) sent the text above to various business partners using letters or Kakakao Stockholm for a total of 12 occasions from November 8, 2016, as follows, as in the daily table of crime.

However, in fact, the Defendant received from the injured party a receipt, photo, or raw display, etc. of the original price through the Kakao Stockholm, before and after the above date, and thus, the Defendant sent the above text without following the verification procedure, despite the fact that the injured party was aware that he did not cut the original price, the original price, etc. through the method of customer inquiry, etc.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of Acts and subordinate statutes of each investigation report, text, Kakao Stockholm conversation to all the details of the Kakao Stockholm dialogue between the suspect and the victim, work instructions, sampling of samples, authentic copies, certificates of fact confirmation, and record records;

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc., and Selection of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

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