Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) is that the Defendant, other than the public prosecution, was in in a bad relationship with the victim C or received money under the pretext of liquidation of a bad faith relationship.
There is no fact that E had a claim against the victim. However, since E had a claim against the victim, it does not constitute defamation merely because it knew that “the victim has received money and received money.”
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is that the Defendant was operating a restaurant called “H” in the Daegu-gun G.
In fact, there was no fact that there was an inappropriate relationship with the victim C(54 3,00) and, furthermore, there was no fact that he received KRW 100 million from the above F on the condition that he was fake and inappropriate with his husband by using this relationship, but the Defendant was aware of it within the above H restaurant on February 2014.
At the time of E (one-person I), the question that the victim C was in in inhuman relationship with F and received KRW 100 million from F under the pretext of liquidation of inhuman relations is the fact, and both the fact that “The J Women C (victim C) received KRW 100 million from F (the pretext of inappropriate liquidation)” was damaged the victim’s reputation by openly pointing out false facts as if the victim removed 100 million money under the pretext of inappropriate liquidation of relationship.
B. In full view of the following circumstances, the lower court determined that the Defendant could fully recognize the facts charged as stated in the above facts charged.
On the other hand, the above facts charged were found guilty.
① According to the evidence duly admitted and investigated by the original instance court, the Defendant told E that he received 100 million won as consolation money from F. As to this, the Defendant heard the horses of the Defendant from the standpoint of E at the time of interrogation of the police, and turn the victim and F on her husband in the process of interrogation of the police.