The defendant's appeal is dismissed.

1. The instant text was posted in order to understand the truth without clearly knowing whether a person who caused damage to the gist of the grounds for appeal caused fraud, and there was no intention of defamation.

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

2. In the crime of defamation under the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., “ intentional” refers to the perception and intent of the fact that may undermine another’s social evaluation. The intent of the crime includes not only the conclusive intention but also the so-called willful negligence intention, which is the intention to recognize the occurrence of the result. As such, the crime of defamation by the statement of false facts is also established by doluence.

The content of the Defendant’s writing posted is clear that it was a content that may undermine the victim’s social assessment by causing the victim’s fraud to many people. Even if based on the Defendant’s statement, the Defendant posted this case’s writing without clear knowledge as to whether the victim caused fraud.

As can be seen, insofar as the Defendant posted the instant text without a serious effort to verify the authenticity of the facts that could undermine the victim’s social evaluation in the absence of clear confirmation, it was sufficiently aware that the Defendant’s comments were false and may undermine the victim’s social evaluation by doing so.

The Defendant’s proof of each content of G containing the following: “The Defendant paid KRW 30,00 to the victim with the down payment for film investment” submitted to an investigative agency is unclear, and each content of G is alone proved to the Defendant.