The CEO of Yecheon Brewing, Mr. Baek, who is accused of defaming trot singer Young Tak, has had his suspended prison sentence confirmed. Mr. Jo, the head of Yecheon Brewing's Seoul-Gyeonggi branch, also received the same sentence.
The Supreme Court's 1st Division (Chief Justice Shin Suk-hee) dismissed the appeals from both sides in the case where Mr. Baek and Mr. Jo were indicted for publicly announcing false facts and threatening Young Tak and his mother, confirming the original ruling that recognized some guilt.
Previously, Yecheon Brewing signed a one-year advertising model contract with Young Tak for ‘Young Tak Makgeolli’ in 2020. However, after launching ‘Young Tak Makgeolli’, they received a decision from the Patent Office stating that ‘Young Tak’ could not be registered as a trademark because it is the same as the celebrity's stage name. Ultimately, the contract between the two parties ended in June 2021, leading to a conflict.
In response, Yecheon Brewing negotiated with Young Tak's side regarding trademark application approval and profit distribution, but the negotiations ultimately broke down. Yecheon Brewing claimed that unreasonable demands from Young Tak's side were the cause of the contract failure. Young Tak's side countered that Yecheon Brewing was making false claims, escalating the conflict.
At that time, Yecheon Brewing claimed, “Young Tak's side demanded 5 billion won per year, totaling 15 billion won over three years for model fees.” They also claimed that Young Tak's mother asked to bury a pig's head and perform a ritual.
In response, Young Tak's side filed a defamation lawsuit against Mr. Baek and others in October 2021, claiming that Yecheon Brewing's assertions were false.
The first trial court found Mr. Baek and Mr. Jo guilty of all charges and sentenced Mr. Baek and Mr. Jo to six months in prison, suspended for one year, along with 120 hours of community service in January of last year.
The first trial court pointed out, “Mr. Baek and others cleverly mixed facts and falsehoods in trademark negotiations and during their meetings, publicly announcing that Young Tak's side demanded excessive costs in exchange for agreeing to register the trademark for Yecheon Brewing, and that Young Tak's mother had engaged in abusive behavior,” adding that “they have harmed the reputation of Young Tak's mother and threatened her, which is a serious offense.” It also noted that “Young Tak and his mother appear to have suffered significant pain due to public criticism regarding their morality as a result of this incident.”
However, the second trial court ruled that some statements were either false or it was not proven that they were aware of their falsehood, applying the crime of defamation by stating facts instead of defamation by stating false facts, reducing the sentence to four months in prison, suspended for one year, and 120 hours of community service. The Supreme Court confirmed the original ruling, concluding the case that lasted nearly four years.
Yecheon Brewing also lost the lawsuit to prohibit the use of the ‘Young Tak’ trademark.
On the other hand, Young Tak was accused of false accusations, obstruction of business, and defamation by Yecheon Brewing, but all charges were dismissed or concluded with no charges.
[Ji Seung-hoon, Star Today Reporter]
