From the end of December 2017 to the beginning of January 2018, the Defendant stated that “D, a resident, has received KRW 100 million from F, even though the victim E did not receive KRW 100 million from F, the Defendant has pressure to pay the money to E, as it is difficult for F to do so at the general meeting of the residents. There is no possibility of the residents to pay the money.”

Accordingly, the Defendant damaged the honor of the victim by openly pointing out false facts as if the victim received unjust money equivalent to KRW 100 million from F.

2. Determination:

A. In order for the crime of defamation to be established, it is required to make a statement of specific facts sufficient to undermine a person’s social reputation with intent to defame another person as a subjective element. In a case where a person made a statement that defames another person in the course of asking questions about the authenticity of an influence, it is difficult to recognize the intention of defamation in light of the motive for such act.

(see, e.g., Supreme Court Decision 2018Do4200, Jun. 15, 2018).

The Defendant denied the facts charged only with D, “F, on the date and time, and place of the charge from the investigative agency to this court,” stating that “F, while signing a seal on the written agreement, supported E by combining the removal enterprises and power in Seoul, and affixed the seal to KRW 100 million.”

C. Murder, this Court is legitimate.