A. In determining the facts, the Defendant did not have any awareness or intent that the victim F et al. would have inflicted damage on the Defendant due to the Defendant’s act, such as that the victim F et al. wanted to withdraw from the Emerctic Operation Association and prevented the division, but did not have any awareness or intent that the victim’s credit would be damaged, and that the victim’s lease agreement relationship is maintained. The lower court found the Defendant guilty of the facts charged

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the crime of damaging credit under Article 313 of the Criminal Act is established when a situation where there is a possibility of undermining the credibility of people by spreading false facts or by other fraudulent means. Here, the term “seminating false facts” refers to spreading the past or present facts that do not conform with the truth objectively to the truth, and “defiscing deceptive scheme” refers to causing mistake, mistake, or land to the other party in order to achieve the purpose of the act by the perpetrator, and the criminal intent in the crime of damaging credit does not necessarily necessarily require a conclusive intention, but is sufficient with dolusence on the fact that there is a situation where there is a possibility that undermining the credibility of people by spreading false facts or using other deceptive means, and that there is a situation where undermining the credibility of others.

I would like to say.

(See Supreme Court Decision 2006Do3400 Decided December 7, 2006, etc.). According to the evidence duly admitted and examined by the court below, the victim at the time of sending the instant postal item to the lessor of the victim not only paid the management expenses of the Ethical Operation Committee, but also did not contain any fact of drinking and drinking, the Defendant at the time.