배임증재미수
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal (the factual errors or misapprehension of the legal principles) is as follows: (1) the Defendant removed the article of this case to block the damage of F due to the article of this case which reported false information; (2) it does not constitute an illegal solicitation; and (3) it does not reach the commencement of the crime of giving property in breach of trust; and (4) it does not constitute a "person who administers another's business" due to the lack of the right to delete online newspaper E; and (3) it does not constitute a "person who administers another's business"; and even if the Defendant expressed his intent to give money and valuables to C, it does not constitute an "an attempted crime of giving property in breach of trust", even if the Defendant expressed his intention to give money and valuables, and even if not, the principal offender of the crime of this case is F, and the Defendant is merely a paper offender; and (5) it does not constitute an unlawful act in violation of the legal principles as to the Defendant's act of removing the article of this case without any justifiable reason or it does not violate the law.
Judgment
Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the facts charged in this case as follows, and applied for the amendment of a bill of amendment to which Article 30 of the Criminal Act shall be added to the applicable provisions of the Criminal Act. Since the subject of the judgment was changed by this court's permission, the judgment of the court below cannot be maintained any more in this respect.