The defendant shall be innocent.

1. The summary of the facts charged and the victim C had been engaged in the iron plate processing company located in the Dong-gu Incheon Metropolitan City, U-dong 107, with the iron plate processing company.

On March 2015, the Defendant spreaded the fact that “C Company’s cash and bills were embezzled” to I, etc. operating the G Office of Dong-gu, Incheon, 51-dong, 110-dong, G Office of G, which is the customer of the K-gu, Incheon, and damaged the honor of the victim.

2. In full view of the evidence submitted by the judgment prosecutor, the fact that the defendant stated that he/she embezzled public funds to I et al. who was in the same business relationship with the defendant such as the defendant as stated in the facts charged is recognized.

However, in light of the following circumstances revealed by the evidence duly adopted and investigated by this court, the defendant made the above remarks to I et al., a business partner of the company operating in partnership with the victim.

Even if the defendant had the intent to impair the victim's reputation,

In addition, it is difficult to see that the defendant's act constitutes a legitimate act under social norms, and it is reasonable to see that the illegality is excluded.

A. Examining the investigation process of the instant case, the victim brought a criminal suit against the Defendant who was in the same business relationship by arbitrarily disposing of the company funds, equipment, etc., and embezzling or stealing the company funds, equipment, etc., and by openly pointing out false facts to the customer, thereby impairing the victim’s reputation

However, since then, the Defendant’s act of disposing of the company or using the company’s funds was revealed as being properly used for the repayment of the company’s obligations or as being delegated by the victim, and thus, the Defendant was found to have been in a non-prosecution disposition on July 20, 2015. Only the instant act, which is the remainder, was prosecuted on the charge of defamation publicly alleging false facts.

B. On the other hand, the Defendant also is related to the above-mentioned partnership around October 2015.