The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant does not pay the above fine.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles)

A. The Defendant sent the instant text message to E is intended to explain the circumstances in which E’s employment solicitation was not sexually dead, and the Defendant did not have any intention to defame the Defendant by publicly alleging false facts.

B. The Defendant did not perform his act of sending the instant text message to E.

2. Determination

A. In the trial of the facts charged, the prosecutor deleted part of the facts charged (the part against which the defendant was accused of fraud) and corrected the written indictment. The defendant does not raise any objection, and even if it was deleted without modification to the written indictment, it is deemed that there is no impediment to guaranteeing the defendant’s right of defense. Thus, it is examined as to the corrected facts charged.

On December 1, 2015, the Defendant: (a) requested the employment of a child of the person who was operated by the victim, even though the victim D, who was operating the airline, did not escape or receive money from others after committing a fraudulent act; and (b) the Defendant did not request the employment of a child of the person who was operated by the victim.

E “The representative of the airline shall be the representative of the airline in the United States, with a large number of

고.. 당시 이사장한테 자세히 말은 못하고 ㅠㅠㅠ 뒷돈 챙겼다는 말도 있고” 라는 내용의 문자 메시지를 전송하였다.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. As to the assertion that there was no intention of defamation, the criminal intent in the crime of defamation under Article 307(2) of the Criminal Act refers to recognizing that the alleged facts are false, that is, the alleged facts are likely to undermine the people’s social evaluation, and that there is no need for the purpose of defamation (see Supreme Court Decision 27 March 27, 191). Of the content of the text message sent to E, included in the facts charged in the instant case in the facts charged is ① the victim committed the fraud and the victim escaped after committing the crime.