The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant entered into a contract with the victim C on November 8, 2016 for the structural construction of a studio construction project, the underground waterproof and the finishing construction of the studio construction project, and there was no consultation between the victim and the victim that the amount of construction would be higher than the actual estimated price, including the cost of solving civil petitions, and that there was no 30 million won or her flinging.

Nevertheless, the Defendant was dissatisfied with the delay of construction due to the disturbance of construction in the neighboring regional housing associations of the said construction site. On November to December 2016, the Defendant stated that “A, within the construction site of the said studio New Construction site, had the subcontractor and the parts of the said studio Construction site, who are sub-subcontracts,” and that “A, within the construction site of the said c, had the cost of solving civil petitions to C, which would have been added to KRW 2-30 million, but would not have been resolved and the construction would have been delayed.” As such, the Defendant her flinged to the fact that the victim had received KRW 30 million more than the actual construction cost from the Defendant.

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

2. Determination

A. In order to establish the crime of defamation by publicly alleging false facts, the publicly alleged facts should be false, and the defendant must be aware that the facts are false at the time of publicly alleging the facts. The perception of such false facts, i.e., the burden of proof for the criminal intent, is the prosecutor.

(see, e.g., Supreme Court Decision 2009Do4949, Oct. 28, 2010). In addition, for the establishment of defamation, an act of publicly expressing specific facts sufficient to undermine a person’s social evaluation with intent to impair another person’s reputation as a subjective element is required (see, e.g., Supreme Court Decision 2010Do2877, Oct. 28, 2010).