A. According to the agreement on the confirmation of the lease between the misunderstanding of facts and M of Co., Ltd. on December 26, 2006, the receipt in the same day, the receipt in the names of N,O, the receipt in the same day, the record recording of conversations between G, H, and N in December 2006, the documents submitted by G in the relevant civil litigation, and N in the judgment of the relevant civil case, the victim received the amount of KRW 1 billion from G through N,O, and H, and the amount equivalent to 20% of the sublease profits each month.

As can be seen, the defendant stated false facts.

It shall not be readily concluded.

In addition, since 2010, there was a lot of lawsuits between the victim and the inter-party meeting on the receipt of KRW 1 billion of the victim. However, the majority of the general directors of the inter-party meeting, who did not seem to have received KRW 1 billion, based on the result of a disposition that the victim was not suspected of being accused of him, could not be mistaken for the truth of the victim's assertion. The defendant, who was the general secretary of the inter-party meeting, manufactured and distributed the book of this case against the victim's assertion in order to guarantee the right to know of the members of the inter-party meeting. Thus, there was a purpose of slandering the victim.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant was not guilty of the facts charged in the instant case with the same content, but the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case on the grounds stated in its reasoning.

We examine the evidence duly adopted and examined by the court below and the contents of the judgment below.