The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal: (a) the victim and D’s respective statements; (b) the relationship between the defendant and the victim; and (c) the preparation process of the written confirmation of this case; and (d) the contents of the recording, etc., the judgment below which acquitted the defendant, even though the facts alleged constitute false facts; and (b) there was an awareness of

2. In order to establish each crime of defamation via an information and communications network of false facts under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and defamation by a false statement of false facts under Article 307(2) of the Criminal Act, the fact that the person’s social evaluation was deteriorated, as well as the fact that the publicly alleged facts do not fit the objective truth, and that the Defendant knew that the publicly alleged facts were false, the prosecutor must prove

(See Supreme Court Decisions 2009Do4949 Decided October 28, 2010, and 2009Do12132 Decided November 25, 2010, etc.). In full view of the following circumstances, the lower court acquitted the Defendant on the following grounds: (a) comprehensively taking account of the following circumstances, each of the facts charged in the instant case premised on the premise that “the victim received KRW 30 million from D” was a false fact; and (b) taking account of the following circumstances acknowledged by the records in the instant case, it is difficult to readily conclude that the evidence submitted by the prosecutor alone was false or that there was a purpose of intentionally or slandering the Defendant with respect to the above falsity; and (c) it is difficult to conclude that there was no other evidence to prove otherwise.

① The witness D of the lower court testified that there was no large amount of money to the relocating officers of the instant clan, such as the victim, as the content of the written confirmation of the instant case.

However, i.e., written confirmation at the unity of the clan of this case, and the defendant is aware only of himself, and shows it to other persons.