The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) is that the Defendant’s inside and outside of the Republic of Korea caused a dispute, such as a civil lawsuit with the victim, and that the family of the Defendant was not reached due to the victim’s failure, the Defendant damaged the victim’s reputation by pointing out false facts to the victim’s workplace club fee, stating that “the victim’s failure to take place with our children is caused by the victim’s failure.”

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the judgment.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant acquired commercial buildings in the department store from the victim D; (b) the contract with the department store was terminated in several months; and (c) the Defendant continued to demand the victim to compensate for damages.

On September 19, 2014, the defendant found the victim in Gangnam-gu Seoul as a company where he/she works in Gangnam-gu Seoul on September 18, 2014, and showed the victim's photograph to F, etc. who is an employee of the victim, and "this person is D."

D has failed to complete the family with her children.

“The honor of the victim was damaged by openly pointing out false facts.”

B. In light of the following circumstances acknowledged in the evidence duly adopted and investigated, the lower court found the Defendant not guilty of the instant facts charged on the grounds that there is insufficient room for reasonable deliberation as to the fact that the Defendant’s statement constitutes false facts or the Defendant’s statement was made by recognizing that it was false, and that there is no other evidence to acknowledge it.

① The victim and the Defendant are the fluor who became aware of in the course of social life, and the victim is the H located on the first floor of G underground operated by the injured party C (hereinafter referred to as “instant store”).