CONTENTS
- 1. The Client Who Came on a Jeonju Attorney Recommendation
- - The Account of the Client Who Came on a Jeonju Attorney Recommendation
- - Statutes Related to the Case of the Client Who Came on a Jeonju Attorney Recommendation
- 2. Assistance Provided to a Client Referred to a Jeonju Attorney
- - Argument That the Client Referred to a Jeonju Attorney Did Not Commit Defamation
- - Argument That the Client Referred to a Jeonju Attorney Did Not Commit Interference With Business
- - Argument That the Client Referred to a Jeonju Attorney Had No Criminal Record
- 3. Client Referred to a Jeonju Attorney Receives a Decision of Non-Prosecution
- - If You Need a Jeonju Attorney
1. The Client Who Came on a Jeonju Attorney Recommendation
The client, who visited Daeryun's Jeonju office on a recommendation for a Jeonju attorney, had been charged through a criminal complaint with interference with business and defamation by a former partner.
Feeling that there was much that was unjust, the client asked the attorney specializing in this area at the Jeonju office to respond from the investigation stage onward.
The Account of the Client Who Came on a Jeonju Attorney Recommendation
Through the consultation with the client conducted at the Jeonju office, it was possible to examine the circumstances of the case in detail.
The client had been charged through a criminal complaint with interference with business and defamation by a former partner.
The complainant was a creator who hosted an internet broadcast, and the client was a viewer of the broadcast.
The client then developed a romantic relationship with the complainant, but they broke up not long afterward.
After the breakup, the client posted on the platform a disclosure about what had happened with the complainant.
The complainant filed a criminal complaint against the client for defamation and interference with business, stating that, as a result, the complainant was unable to broadcast on the platform for a certain period.
Accordingly, while looking for a Jeonju attorney to take on the case, the client was recommended Daeryun Law Firm by an acquaintance and came to the firm.
Statutes Related to the Case of the Client Who Came on a Jeonju Attorney Recommendation
The client had been charged through a criminal complaint with defamation and interference with business.
Let us review the statutes related to defamation and interference with business.
The Elements and Punishment of Defamation
Defamation is established when a person alleges a fact for the purpose of slandering another and thereby damages that person's reputation .
In this case, a person who alleges a fact and damages another's reputation is subject to imprisonment with or without labor for not more than 2 years, or a fine not exceeding 5 million won.
If a person alleges a false fact, the person is subject to imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.
Criminal Act Article 307 (Defamation)
(1) A person who publicly alleges a fact and thereby damages another's reputation shall be punished by imprisonment with or without labor for not more than 2 years, or a fine not exceeding 5 million won.
(2) A person who publicly alleges a false fact and thereby damages another's reputation shall be punished by imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.
The Establishment and Punishment of Interference with Business
Interference with business is a crime that is established when a person spreads false facts or otherwise interferes with another's business by force .
If interference with business is found, the person is subject to imprisonment for not more than 5 years or a fine not exceeding 15 million won.
Criminal Act Article 314 (Interference with Business)
(1) A person who interferes with another's business by the method referred to in Article 313 or by force shall be punished by imprisonment for not more than 5 years or a fine not exceeding 15 million won.
(2) A person who interferes with another's business by destroying an information processing device, such as a computer, or an electronic record or other special media record, by inputting false information or improper commands into an information processing device, or by otherwise causing an obstruction to information processing, shall also be subject to the same penalty as in paragraph (1).
2. Assistance Provided to a Client Referred to a Jeonju Attorney
The client, who was referred to a Jeonju attorney and visited the Jeonju office of Daeryun Law Firm, sought to establish that there was no charge.
In response, the attorney specializing in this field at the Jeonju office provided assistance to the client.
Argument That the Client Referred to a Jeonju Attorney Did Not Commit Defamation
From the perspective of a third party, the text written by the client did not make it possible to identify that it concerned the complainant.
Accordingly, the firm argued that, because the element of identifiability was not established, defamation did not arise.
Argument That the Client Referred to a Jeonju Attorney Did Not Commit Interference With Business
For interference with business to be established, the business must be obstructed by spreading false information or by deceit or by force.
However, the text written by the client contained no false information.
In addition, because the element of identifiability was not established in the text, there was no possibility of interfering with the complainant's business.
Accordingly, the Jeonju attorney argued that the client did not commit interference with business.
Argument That the Client Referred to a Jeonju Attorney Had No Criminal Record
The firm argued that the client had no prior record of the same type and had never been subject to any criminal punishment.
3. Client Referred to a Jeonju Attorney Receives a Decision of Non-Prosecution
The client, who was referred to a Jeonju attorney and entrusted the case to Daeryun's Jeonju office, was able to conclude the case after the prosecution rendered a decision of non-prosecution.
This was the result of the argument by the attorney specializing in this field at the Jeonju office that the client's offense was not established.
If You Need a Jeonju Attorney
In the case above, the client, who had been accused of defamation and interference with business by a former romantic partner, was referred to a Jeonju attorney and visited the Jeonju office.
The Jeonju attorneys at Daeryun Law Firm assess the client's case accurately, identify the issues, and work to reach a solution.
If you are looking for an attorney in the Jeonju area in a situation such as the one above, please consider entrusting your case to the Jeonju office of Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
