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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the summary of the grounds for appeal (misunderstanding the facts), the statement of the victims, and the contents of the proof of the details dispatched by the defendant, it is recognized that the defendant sufficiently recognizes the fact that the defendant has damaged the honor of the victims by pointing out false facts, and that the contents of the statement are false, and that it has
Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.
2. Determination
A. The summary of the instant facts charged is the actual operator of E (E) in Gangdong-gu Seoul Metropolitan Government Group D and 3 (hereinafter “E”), and on June 2014, the Defendant entered into a contract for the production of advertising promotional materials and media agency contract with H (hereinafter “H”) with respect to “F”, but the said contract was not implemented.
From July 28, 2015, the Defendant sent the content verification to 19 individuals related to the foregoing Corporation (hereinafter “I”), international asset trust, and separate owners, and sent it to E office, accompanied by the attached Form, including the content of the victim J, H headquarters, the victim K, and H former unmanned L, the head of H headquarters.
The attached Form determined that there was a prior compromise that “The representative and currency of M on July 21, 2015, and proposal were visited the company at 11:00 a.m. on June 5, 2015 to submit a funding plan for the progress of the sale advertisement in accordance with the first 400 million - 500 million won and requested the company to submit the funding plan for the progress of the sale advertisement in accordance with the order of the executive branch, etc.” In all the circumstances, the attached Form was that J, K, L referred to as the head of G management group, and L had been punished by fraud while participating in the sale with E with the executive director H, H, H, sales agency, and sales agency.
For the judgment, E as a person who is a party to the sales advertising agency, intends to take legal measures, and as a result of M representative and confirmation on July 23, 2015, J has obtained ratification from 18 persons as the head of the N church.