The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On July 25, 2012, the summary of the facts charged in the instant case: (a) around 00:52, the Defendant posted a false statement of the purport that “When intending to do so, he was cut to the victim D, the representative of the council of occupants of C Apartment 1 Complex, who is the representative of the council of occupants of C Apartment 1 Complex, he would be properly scamed, scam at a proper level, and the actual scam was constructed as another low-priced product and the quality assurance and sampling was added to the other company, and even 5.30,000 won or more of the tender was used without any comparison.”

Accordingly, the Defendant posted a false fact on the Internet camera, thereby impairing the honor of the victim.

2. Determination

A. In order to establish defamation by publicly alleging false facts through an information and communications network under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act”), such publicly alleged facts should be deemed to be false, and the Defendant should be aware that the publicly alleged facts are false, and the burden of proof for the criminal intent, i.e., awareness of such false facts, is the prosecutor.

(See Supreme Court Decision 2009Do4949 Decided October 28, 2010, etc.). B.

In addition, “the purpose of slandering a person” as provided in Article 70(1) and (2) of the Act requires the intention or purpose of a perpetrator, and whether there is a purpose of slandering a person ought to be determined by comparing and balancing the degree of infringement of a person’s reputation that may be damaged or damaged by the expression, taking into account all the circumstances such as the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, and the method of expression itself.

In addition, the purpose of slandering is in conflict with the direction of the actor's subjective intention, and thus, if the alleged facts are related to the public interest, it shall be slandered unless there are special circumstances.