The defendant shall be innocent.

1. 공소사실 피고인은 2012. 4. 30.경 부산 해운대구 C아파트(이하 ‘이 사건 아파트’라 한다) 관리사무소와 피고인이 운영하는 위 아파트 상가에 있는 ‘D’에서 “세상에 이럴 수가!!!”라는 제목의 전단지를 작성하여 입주민들에게 배포하였다.

그 전단지의 내용은 “미끄럼 방지공사를 할 때 동대표 회의에서 통과된 것은 금액 30,020,1000원이었으나 공사시 회장(E) 임의로 13,200,000원을 추가하여 지출된 사실이 드러났습니다!! 입주민의 재산인 공금을 개인의 마음대로 지출하는 이런 일은 전 입주민을 기만한 것이며 도저히 용납될 수 없으므로 회장은 반드시 책임을 져야하며 13,200,000원은 환수해야만 함을 알려드립니다”라는 것이었다.

However, the fact is that when the scope of construction is increased at KRW 30,020,100 of the construction cost when the apartment drum prevention contract is entered into, the payment was made on the basis of the actual construction area when the scope of construction is increased. In addition, the entity selected for the prevention of the drums decided to additionally pay KRW 13,200,000 while performing the additional construction work. On March 22, 2012, the victim E was not arbitrarily using the public fund.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. According to the evidence examined by this court, the council of occupants’ representatives decided to implement the construction for the prevention of the collapse of underground parking lots at the council of occupants’ representatives on February 16, 2012, and accordingly, the management director of the instant apartment was awarded a contract for construction of a prevention facility on the construction cost of KRW 30,020,100 (including value-added tax) on March 7, 2012 to Had Had Had Had Co., Ltd. for the construction cost of KRW 30,020,100 (including value-added tax), and is treated after mutual consultation at the time of increase or decrease in the scope of construction, and the area of the contract for the increased or decreased