Jeonju Attorney Recommendation | Client Charged with Interference with Business and Defamation Receives a Recommendation for a Jeonju Attorney and Obtains Non-Prosecution

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.

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).

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.

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.

The firm argued that the client had no prior record of the same type and had never been subject to any criminal punishment.

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.