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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendants were the important part of the statements made at the time of the press conference, and thus, it cannot be deemed as a statement of false facts. The Defendants did not intend to defame the victims. The Defendants did not have any fact that the alleged facts were likely to damage the reputation of the victims, and the Defendants were alleged for the sake of the public interest, so the illegality is dismissed in accordance with Article 310 of the Criminal Act, and even if so, it constitutes a justifiable act that does not violate the social rules.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
2. Determination
A. The following facts are acknowledged according to the evidence duly examined and adopted by the lower court and the first instance court.
① Prior to reporters from around 11:00 local media, Defendants: (a) asked the father of the Ulsansan Cooperative to hold a trial for embezzlement of public funds; (b) issued personnel to the auditor of the Seoul Central Financial Cooperative by requesting the president of the O; and (c) completed the embezzlement or all documents executed by the father.
“The press conference was held using news reports and the cards with the content of “.......”
② The victim spent the aggregate of KRW 12 million, which was kept for business purposes for the association, on eight occasions from April 22, 2008 to April 23, 2010, which was at the time of the former president of the Ulsan District Office of G Cooperatives (hereinafter referred to as the “association”) and was prosecuted for committing an offense of occupational embezzlement, and was sentenced to a fine of KRW 5 million on September 1, 2016 in the Ulsan District Court 2015 and the Ulsan District Court 1916, Ulsan District Court 2015 and 1916, which was sentenced to a fine of KRW 5 million on April 3, 2017, which was the appellate court, even though the victim appealed, the victim appealed on the appeal by the victim on February 3, 2017.