On June 30, 2015, the Defendant sent registered mail to officers other than the head of the Dong-gu, Yongsan-gu, Incheon Metropolitan City, and approximately 50 branches affiliated with the G General Association branch of the G General Association to the name of "the name of the 15th special sense and the truth-finding". The title of "the false statement of the head of the E president" was the title of "the false statement of the head of the E president", "the head of the E president sent and received special audit information of the person subject to special audit who is late at the time and did not have the auditor at the time."

“The reputation of the victim was generally damaged by inserting false information.”

Judgment

The defendant and his defense counsel asserts that the contents of the charges stated in the mail were true facts and acts for the public interest, so it is not unlawful.

Since the facts constituting the elements of a crime charged in a criminal trial are the prosecutor who bears the burden of proof, whether it is a subjective requirement or an objective requirement, the prosecutor must prove that there was a statement of harming the social reputation of a person in the case prosecuted for the crime of defamation by a false statement of false facts under Article 307(2) of the Criminal Act; that the alleged facts are not only false because they are not consistent with the objective truth; that the Defendant knew that the alleged facts were false; and that there was a false statement of the alleged facts. In such a case, when determining whether the alleged facts are false, the prosecutor must examine the overall purport of the alleged facts. If the material facts are consistent with the objective facts, there is a little difference from the truth or somewhat exaggerated expression

Even if there is no false fact, it cannot be viewed as a false fact (Supreme Court Decision 2014.14.).