A representative of a makgeolli company indicted for defamation and other charges against singer Young-tak has been sentenced to four months in prison, with a one-year stay of execution.

On the 12th, the Supreme Court's first division (Chief Justice Shin Suk-hee) held an appeal hearing for Baek, the representative of Yecheon Brewing, and Jo, the branch manager, who were indicted for violating the Act on Promotion of Information and Communications Network Utilization and Information Protection (defamation), and confirmed the lower court's ruling of four months in prison, a one-year suspended sentence, and 120 hours of community service.

Yecheon Brewing signed a contract with singer Young-tak as an advertising model in 2020 and launched and sold Young-tak makgeolli. Although the contract between both parties ended in June 2021, Yecheon Brewing engaged in negotiations with Young-tak's side regarding the transfer of the makgeolli trademark and revenue distribution.

However, when the negotiations broke down, Baek and Jo were indicted for allegedly spreading false information, claiming that "Young-tak’s side made unreasonable demands of 5 billion won annually and a total of 15 billion won over three years." Jo also faced charges of threatening Young-tak's mother with a phone call, stating that they would damage Young-tak's image and obstruct his activities in the entertainment industry.

In the earlier first trial, the court concluded that "there was a power imbalance displayed in the way the trademark negotiations and the facts from their meetings were cunningly mixed and publicized to the media and the public, damaging Young-tak's reputation and threatening him," sentencing both Baek and Jo to six months in prison and a one-year stay of execution, as well as ordering 120 hours of community service.

Both sides appealed the first trial's ruling, and in the second trial, Baek's statements were recognized as not constituting defamation of character but were instead acknowledged as factual indications, thereby reducing the sentences to four months in prison, a one-year suspended sentence, and 120 hours of community service.

The second trial court stated, "The defendants’ mention of specific amounts such as 5 billion won and 15 billion won was based on figures presented by Young-tak’s side in a memo," adding that it viewed their statements as somewhat exaggerated or differing at a detailed level from the truth, and concluded that it was difficult to determine that the defendants had an awareness of the falsity of the statements.

The statements regarding model fees related to trademark negotiations and that 'Young-tak's mother said that if a pig's head was not wrapped in newspaper and buried, the corporations would go bankrupt' were regarded as factual indications, while the statement that Young-tak’s side had failed to provide the promised trademark approval document leading to the trademark registration being denied was seen as a false claim. However, the charges of threats against Jo were upheld from the first trial.

Both sides appealed the second trial ruling, but the Supreme Court dismissed all appeals, finding no issues with the second trial ruling and confirming the sentences.

[Photo] OSEN DB

[OSEN]