The judgment of the court below is reversed.

The sentence of punishment shall be suspended against the Defendants.

1. The gist of the grounds for appeal is as follows: (a) the Defendants did not have any fact that the NH branch E (hereinafter “the instant bank”) did not issue the credit card under the name of the Defendant to the persons concerned before the instant crime was committed; (b) the victim believed that he would make a credit card under the name of the Defendant A and dispose of it without being known to the said Defendant; and (c) there was considerable reason for the Defendants

Furthermore, the Defendants committed the above act for the public interest.

Therefore, the illegality of the defendants' act is excluded in accordance with Article 301 of the Criminal Code.

2. Determination on the grounds for appeal

A. In order for an act of impairing a person’s reputation by openly pointing out false facts to be dismissed and punished pursuant to Article 310 of the Criminal Act, the alleged facts are related to the public interest when objectively viewed, and the actor should not be deemed to have expressed the facts for the public interest. Moreover, the alleged facts are true or, at least, the actor believed that they were true, and there are reasonable grounds to believe such facts.

Furthermore, whether there is any reasonable ground to believe the alleged truth should be determined in light of the following: (a) whether an actor has conducted an adequate and sufficient investigation to verify the authenticity of the timely content in full view of various circumstances, including the details of the alleged fact, the grounds for believing the truth as true, the certainty and credibility of the material, the easiness of verifying the fact, the degree of damage to the victim, etc.; and (b) whether the authenticity of the timely content is supported by objective and reasonable material or evidence; and (c) whether the alleged fact is supported by objective and reasonable material or evidence.

(see, e.g., Supreme Court Decision 2010Do8847, Dec. 13, 2012). B.

Facts of recognition

The following facts are acknowledged according to the evidence duly adopted and examined by the court below:

1 Defendant A, at around 15:42, May 31, 2013.