Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who was the chairperson of the council of occupants from around October 2012 to September 2014, 2014, who was the representative of the council of occupants from around September 2014 to around September 2016, and the victim C was the chairperson of the council of occupants of the relevant apartment from around June 2010 to September 2014.

The Defendant, from July 6, 2016 to November 11, 2016, under the title “public announcement of the result of an external audit” in the name of the resident representative meeting in the B apartment complex, the Defendant: (a) made a public announcement stating that “it is proved that the president of the representative group of the occupants without notifying the apartment of the amount ( approximately KRW 160 million) from D after he/she opened the passbook at will; and (b) posted it at 60 locations, such as the entrance of each of the above apartment complexes at the same time (hereinafter “the instant public announcement”); and (c) made it public; and (d) made it public by inserting it at a total of 60 locations, such as the entrance of each of the above apartment complexes, the said “fact” refers to a fact that is inconsistent with the “justifiable fact” under Article 307(2) of the Criminal Act, rather than to refer to the fact that is damaged by the victim’s reputation by pointing out the victim’s opinion with the content of value judgment or evaluation (see Supreme Court Decision 2016Do1824, Apr.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Determination on the assertion of the defendant and his/her defense counsel in the public notice of external audit results

1. The gist of the assertion is that the Defendant’s act of posting the written public notice of this case is for the public interest of the occupants of apartment and thus the illegality is excluded under Article 310 of the Criminal Act.

2. Article 310 of the Criminal Code does not punish “If the act under Article 307(1) is true and solely for the public interest.”

“Defamations by “a statement of false facts” as referred to in Article 307(2) excludes defamations by “a statement of false facts” as referred to in Article 307(1) from its coverage, and is also defamations by “a statement of fact” as referred to in Article 307(1).