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The defendant is innocent.
Reasons
1. The summary of the facts charged is a person who is engaged in a construction business under the trade name of “C”, and the victim D is a person who is in the same business relationship with the owner F of eight-generation lending that the defendant agreed to execute in Busan Southern-gu E.
In July 2012, the Defendant: (a) at the office of the Defendant (201) of the Nam-gu G building 201 in Busan, Busan, the Defendant was responsible to deposit the security deposit for the repair of defects for the Defendant who received a package contract under the contract or laws and regulations entered into with the owner of the construction; (b) however, even though the Defendant was not responsible for the issuance of the security deposit for the repair of defects for the said loan and did not perform it, the Defendant did not receive any balance of the construction payment from the owner of the construction; (c) however, the Defendant did not receive any balance of the construction payment from the owner of the construction in order for the victims to not pay any balance of the construction payment. However, the Defendant did not receive any balance from the owner of the construction in order to ensure that the victims do not pay any balance. The owner is F and D and her husband’s husband.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.
2. The Defendant asserts that the Defendant did not indicate the false facts as the owner of the defect liability bond, because the Defendant made an oral agreement with the owner to issue the defect liability bond.
In order to establish the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Code, the statement should be false, and the defendant must be aware that the statement is false when the defendant expresses such fact. The prosecutor bears the burden of proving that it is false, namely, the awareness that it is false.
(See Supreme Court Decision 2009Do4949 Decided October 28, 2010, etc.).