The representative of a makgeolli company, indicted for defaming singer Young-tak during a trademark dispute over 'Young-tak Makgeolli', received a four-month prison sentence with a one-year probation from the Supreme Court.
The Supreme Court's first division, led by Chief Justice Shin Sook-hee, confirmed on the 12th the four-month prison sentence with a one-year probation and 120 hours of community service imposed by the second trial on Baek, the representative of Yecheon Brewery, who was indicted for violating the Act on the Promotion of Information and Communications Network Utilization and Information Protection (defamation). A branch manager of Yecheon Brewery, Jo, who was indicted alongside him, received the same sentence.
Yecheon Brewery signed a one-year advertising model contract with Young-tak in 2020 and then launched 'Young-tak Makgeolli'. The company applied to the Korean Intellectual Property Office for the trademark of 'Young-tak Makgeolli', but the trademark registration was denied because the brand was identical to the entertainer's stage name. The contract between both sides ended in June 2021.
Afterward, Yecheon Brewery negotiated with Young-tak's side regarding the trademark application approval and revenue distribution, but the negotiations broke down. Accordingly, Baek and Jo were indicted for making false statements, claiming that 'Young-tak's side made excessive demands of 5 billion won per year and 15 billion won over three years for modeling fees.'
Additionally, Jo is also accused of threatening Young-tak's mother during a call by stating that they would 'harm Young-tak's image and impede his activities in the entertainment industry.'
The first trial found all their charges guilty, sentencing each to six months in prison with a one-year probation and ordering 120 hours of community service.
The first trial court ruled that Baek and Jo had defamed Young-tak's reputation by cleverly mixing the facts from the trademark negotiations and their past meetings with false information, publicly announcing it as if there had been coercion against Young-tak's side. Both individuals and the prosecution appealed the first trial ruling.
In the second trial, their sentences were reduced to four months in prison with a one-year probation and 120 hours of community service each. Some of Baek's statements were recognized as factual defamation rather than as defamation of false facts.
The second trial court stated, 'The specific amounts mentioned by Baek and Jo, such as 5 billion and 15 billion won, were calculated based on the figures presented by Young-tak's side through memos and are seen as somewhat exaggerated expressions or merely differing from the truth and the specific details,' and 'It is difficult to conclude that there was an awareness that the stated facts were false.'
Both individuals and the prosecution appealed the second trial ruling. However, the Supreme Court found no issues with the second trial ruling and confirmed the sentences.