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The defendant is innocent.
Reasons
1. Around April 2012, the summary of the facts charged is as follows: (a) the Defendant: (b) around September 2012, the Victim E did not have fixed deposit money in the victim’s personal name in the name of the Defendant; (c) around September 2010, the Defendant took KRW 10,000,000 to the High Saemaul Depository and issued a deposit money (G and E personal name) around September 2010; (d) the Defendant was written with the written application stating “I will go to the name of the Defendant in the name of the said individual; and (e) the Defendant was written with the Defendant’s signature indicating that I would go to the said local residents, including H.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.
2. (1) Determination may not be punished pursuant to Article 310 of the Criminal Act in a case where an act of defameing a person by openly pointing out a fact is true and solely for the public interest. Here, the term “material fact” refers to a fact that is consistent with objective facts in light of the overall purport of its content, and even if a material part is different from truth or somewhat exaggerated expression is involved in a detailed statement, the term “when it comes to the public interest” refers to the public interest when the alleged fact objectively concerns the public interest, and an actor must also indicate the fact for the public interest subjectively. It includes not only the matter related to the public interest of the State, society, and other general public, but also the matter related to the interest and interest of a particular social group or its entire members. Whether the alleged fact relates to the public interest should be determined by comparing and comparing the expression itself, such as the content and nature of the alleged fact, the scope of the other party to whom the publication of the fact was made, the method of expression itself, etc., with the degree of infringing reputation or damage that may be damaged by such expression.