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What is the punishment level for defamation of the deceased?

An acquaintance urgently needed money, so I transferred 15 million won to their account. But after several months, they haven't repaid and are avoiding contact. I didn't write a loan agreement at the time of the transaction and only communicated through texts or messages, but they've all been deleted. Can I still proceed with a loan civil lawsuit in this state? How should I respond with insufficient evidence?

defamation of the deceased

defamation

defamation of deceased

Answer to Related Inquiry

Author: 고병준

Hello. This is the defamation attorney of Daeryun Law Firm (LLC).

You asked about defamation of the deceased. First, you must be very upset about your family member's situation.

Defamation of the deceased has one important difference from general defamation.

It is that you are not punished if you state facts.

Therefore, for defamation of the deceased to be established, false facts must be stated.

Also, defamation of the deceased can be punished not only with definite intent but also when there is recognition of and acceptance of the occurrence of results, that is, when there is dolus eventualis.

[Supreme Court 2014. 3. 13. Sentence 2013Do12430 Judgment]

That is, if you knowingly stated false facts, you may be subject to legal punishment.

Anyone who damages the honor of the deceased by publicly stating false facts may be punished with imprisonment or detention of up to 2 years or a fine of up to 5 million won.

In addition, defamation of the deceased is a crime requiring complaint.

Simply put, investigation and punishment of the case can only be conducted with a complaint from the victim or person with the right to file a complaint.

If you want the perpetrator to be punished, you must prepare a complaint and respond to it.

If the victim has already passed away, the spouse, lineal relatives, and siblings can file a complaint on their behalf.

Defamation of the deceased is a crime that occurs when the victim has already passed away, so methods of collecting effective evidence for the case are limited.

Therefore, we recommend preparing by receiving legal advice from a defamation attorney with extensive experience in such cases.

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