Defamation specialist attorney, can I be punished for defamation even if the statements are not false?

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I lent money to a friend without a written IOU. They kept saying they'd pay it back but kept delaying, and now they're denying they ever borrowed money from me. So recently during a phone call, I intentionally got them to bring up the loan and recorded it. Is this kind of recording illegal? Can it be used as recorded evidence in court?

defamation specialist attorney

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作者: 박동일

Hello. This is the defamation specialist attorney at Daeryun LLC.

First of all, the crime of defamation does not necessarily require false facts.

Under the Criminal Act, the crime of defamation can be established even when facts are disclosed "for the purpose of slandering a person" and the social evaluation of another person is lowered.

In other words, even if you wrote about facts that actually occurred, if they were publicly disclosed and damaged another person's reputation, you may be subject to punishment.

In particular, cyber defamation, when committed in public spaces such as internet posts, comments, and SNS, may result in imprisonment of up to 3 years or a fine of up to 30 million won.

Therefore, when writing comments, it is important to legally organize whether it is a simple emotional expression or whether there was a purpose to slander the other party by examining the writing purpose, factual accuracy, public interest, etc.

If a defamation report has been filed, you may avoid punishment or reduce the sentence through prior mediation or settlement.

If necessary, you can respond together with a defamation specialist attorney at the investigation stage to minimize unnecessary investigations or misunderstandings and organize your position.

For details, it is advisable to confirm through consultation with a defamation specialist attorney.