The defendant is innocent.

1. On May 2007, from around April 2009 to around April 2009, the Defendant paid to D the representative of the Seoul Southern District Prosecutors’ Office an amount equivalent to KRW 900 million under the name of entrusted operation of funeral supplies at the funeral hall, and suffered damages, the Defendant filed a complaint against D in fraud with the Seoul Southern District Prosecutors’ Office around March 201.

1. While the Defendant was aware of the fact that DD was promoting the establishment of a school foundation G driving school (hereinafter “G driving school”) and H driving school under the name of DF, the Defendant was found to be the secretariat of the G driving school located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and thereby, thereby impairing D’s reputation by openly pointing out the fact that D’s fact-finding by stating that “D is not repaid to D money. It is currently under investigation after filing a complaint. It is currently in the process of a criminal investigation. There is no money for D to do so, and thus, it is difficult to conduct school business.”

2. When a complaint case against D was prosecuted, the Defendant was issued a written indictment, and then, on February 2012, the Defendant injured D’s honor by openly pointing out facts by having L, who was in charge of the construction of a golf driving range through K, a staff member of the Secretariat of the G Research Institute, find the case as the secretariat of the G Research Institute, deliver the written indictment to L, “(D) embezzlement the funds of D, and acquired money from M, including A.”

2. Determination

A. In order for the crime of defamation to be established, a subjective element must indicate specific facts sufficient to undermine a person’s social reputation with intent to defame another person’s reputation. As such, if the circumstance leading up to which the content of defamation was discovered was made was made in the process of responding to the demand for confirmation of that fact, the criminal intent of defamation cannot be recognized in light of the content and motive of such fact.

(see, e.g., Supreme Court Decisions 83Do1017, Aug. 23, 1983; 2008Do6515, Oct. 23, 2008). Moreover, “public performance” which is the constituent element of the crime of defamation refers to the state in which an unspecified or many unspecified persons can recognize.