A. On July 5, 201, the Defendant, as the president of the Gyeongsan-si D apartment council on the charges, said, at the council of occupants’ representatives in the above apartment management office around 19:00 on July 5, 201, the Defendant said that, while the council of occupants’ representatives was held by more than 30 residents, E, the complainant, intended to obtain the right to speak, the complainant, “It is difficult to flickly flick-gu because he was unable to flick-gu because he was still subject to punishment, but it is difficult to flick-gu, and there is a fine for negligence in the amount of KRW 5,00,000,000.”

However, the complainant has not been sentenced to a fine of five million won.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

(b) Article 307 (2) of the Criminal Act;

2. In the case of defamation by a false statement of false facts as provided by Article 307(2) of the Criminal Act, if the important part is consistent with objective facts, there is a little difference or exaggeration in the detailed contents.

Even if it cannot be viewed as a false fact, and in determining whether it is a false fact, it is necessary to determine whether it is an important part that is not consistent with objective facts by examining the purport of the whole contents of the alleged fact.

(see, e.g., Supreme Court Decision 2003Do2137, Apr. 29, 2005). According to the records, the fact that the Defendant made such remarks at the same time and place as the facts charged can be acknowledged.

However, according to the records, the complainant is a resident of the above apartment, who was appointed as the representative of the apartment building and the auditor of the council of occupants' representatives. From December 15, 2009 to April 28, 2010, the complainant prepared an incentive to the effect that the defendant embezzled the public funds by working as the chairperson of the council of occupants' representatives of the apartment complex and embezzled them, and made a false statement by attaching it on the apartment bulletin board.