업무방해등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal changed the name of F Co., Ltd. (F, Apr. 30, 2018, hereinafter “F”), which is operated by the victim D, to “P,” and was not registered as a water-saving business entity, and violated Articles 14 and 15 of the Water Supply and Waterworks Installation Act by installing non-certified products, and thereby violating the Water Supply and Waterworks Installation Act, and even the Defendant’s intellectual property during the course of installing a tending to be suitable for the products which have been certified after the future, the statement made by the Defendant constitutes true facts, and furthermore, the statement made by the Defendant for public interest.
Nevertheless, the court below which found the Defendant guilty of the facts charged of this case erred by mistake of facts.
2. Determination
A. In the crime of interference with business established by spreading false facts by means of spreading false facts (i) whether the Defendant knew of the falsity, and (ii) whether the Defendant knew of the falsity, the crime of interference with business refers to disseminating false facts to many and unspecified persons, which are different from the actual objective facts. In particular, it is required that the Defendant actively perceived that the Defendant’s spread was false at the time of the act.
(2) In order to determine whether the facts alleged in the crime of defamation by a publicly alleging false facts under Article 307(2) of the Criminal Act are false or not, in examining the overall purport of the publicly alleged facts, if the facts are different from the truth or are merely a somewhat exaggerated expression, it shall not be deemed as false, but if the important part is not consistent with objective facts, it shall be deemed as false.
Furthermore, it is difficult to ascertain or prove that an offender is false or not, due to its nature, the content and identity of the published fact.