The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts or by misapprehending the legal principles as follows, or by misapprehending the legal principles, which convicted the Defendant.

Although the defendant posted a letter on the Internet or sent a text message to the union members as stated in the facts charged, the above contents stated by the defendant were true and false.

Even if the facts alleged by the Defendant were false, the Defendant believed that the above facts were true, and there was considerable reason to believe such facts. This was an act for the interests of the union members, and thus, the illegality should be avoided in accordance with Articles 20 through 310 of the Criminal Act.

B. The sentence of the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The lower court’s determination 1) whether the Defendant’s timely statement is true or not. The message or notice of the text under [Attachment Table 1, 2, 3, 5, and 8] of the lower judgment was prepared for the purpose of informing the Plaintiff that the victimized party committed fraud or embezzlement of KRW 470 million public funds of the cooperative, or included the same contents. This part of the judgment already issued by the court (Supreme Court Decision 2015Mo1704) and the prosecutor’s office did not provide evidence proving the Defendant’s assertion several times, and the evidence submitted by the Defendant does not appear to have been wrong even after re-examination of the evidence submitted by the Defendant. The Defendant’s writing or notice without taking advantage of the aforementioned result constitutes an honorary crime by a false statement, and a crime of impairing reputation by a false statement, and a crime of interfering with the duty by a false distribution.

2) The part (1) that the defendant illegally held the general assembly.