2. Prior to the Defendant’s assertion, the text that the victim posted to the Defendant was false, and the victim merely notified the Defendant of the fact that the Defendant was fined due to defamation, and did not aim to defame the victim.

3. In full view of the following circumstances acknowledged by the record of the instant case, it is insufficient to readily conclude that the evidence submitted by the prosecutor alone had an intent to defame the victim, and there is no other evidence to acknowledge the intent.

① On June 12, 2018, the victim posted a letter to the effect that “the Defendant embezzled while making a female president” at the Kakakao group hosting room where there are 700 residents of the Republic of Korea.

However, even though the defendant did not have embezzled the earnings of the female president individually, he did not incur any substantial disadvantage that the honor has been damaged by posting a false fact in the Kakao Kakao Stockholm which can see 700 residents, even though he did not have embezzled the earnings of the female president.

② Accordingly, on January 25, 2019, the Defendant filed a complaint against the victim, and the victim was issued a summary order of KRW 2 million on the grounds that he/she was guilty of criminal facts constituting “a crime that defames the reputation of the Defendant by openly exposing false facts.”

③ The phrase “200 of the Kakao Court Fines 200,” referred to in the Kakao Stockholm on February 17, 2019, means that the victim was punished due to the act of posting false facts against the Defendant.

Defendant.