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The defendant shall be innocent.
Reasons
1. On September 8, 2012, around 12:13, the Defendant: (a) sent text messages stating that “In order to encourage members to participate in the general meeting at the location of Jin-dong, Eunpyeong-gu Seoul, Seoul, the Defendant damaged the reputation of the victim F by openly pointing out false facts by sending them to F and G’s crossings without the qualifications of executives of the association.”
2. Determination
(a) In the crime of defamation, a “statement of fact” is a concept substituted by an expression of opinion, the content of which is a value judgment or evaluation, and refers to a report or statement of specific past or present facts in time and space, and the content of which can be proved by evidence;
In addition, the timely facts should be made to the extent that the social value or evaluation of a specific person is likely to be infringed.
Even if a false statement of fact was made, if the false fact does not infringe on the social value or evaluation of a specific person, the crime of defamation under Article 307 of the Criminal Act is not established.
B. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.
(1) When the SH Corporation (hereinafter “SH Corporation”) implements the J urban development project in Eunpyeong-gu Seoul Metropolitan Government H and I, it is planned to supply quasi-residential land to 572 persons eligible for quasi-residential land. The method of supply was publicly announced to the effect that daily countermeasurers constitute a non-corporate association in the form of a non-corporate association, subject to the enactment of the articles of association and the general assembly resolution, and that the supply is to be made (the individual supply of a living countermeasure operator) upon filing an application for supply. Of the quasi-residential land suppliers, 92 persons among those eligible for quasi-residential land supply (hereinafter “K Association”), and 58 persons among those eligible for quasi-residential land supply (hereinafter “Korea New Venture Association”), respectively.