The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, it is true that the victim's demand for rebates to the defendant is not false as stated in each of the coal applications (hereinafter "each of the coal applications of this case") in the judgment of the court below.

(2) In addition, the Defendant sent each of the instant applications to B unions (hereinafter “B”) directors, representatives, etc. in terms of the public interest that the Defendant would have fairly engaged in the business related to the purchase of “C Commercial Building” (hereinafter “C Commercial Building”) and did not intend to impair the honor of the victim.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Even if the Defendant was found guilty of an unreasonable sentencing, the lower court’s punishment (fine of seven million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant’s statement in the facts charged in each of the instant applications is deemed to be false.

This part of the defendant's assertion of mistake is not accepted.

① In each of the instant applications, the Defendant demanded the Defendant to pay the amount of KRW 550,00,000,000 to the victim, who had the victim obtain approval from the board of directors, of KRW 850,000,000,000.

“The injured party” and “the injured party demanded that the Defendant make a so-called rebates of KRW 50 million out of this amount.

“Use of the expression, etc.,” which is described as a conclusive and conclusive content beyond filing a suspicion on the basis of facts, is understood as having committed a crime demanding money by the victim, who is the president of the association, in connection with his/her duties.

However, the following are the same.