The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant’s assertion of defamation as to March 5, 2013 (1) stated that “E has neglected the articles of incorporation and made a false general meeting minutes” on the notice (hereinafter “instant notice”) is merely the fact that E did not follow the procedures stipulated in the articles of incorporation of H Co., Ltd. (hereinafter “H”) and dismissed the Defendant from the audit, and is not meaningful to have forged the above general meeting minutes. Therefore, the content of the instant notice is merely an exaggeration of fact, and the distribution of the instant notice results from the public interest purpose of the members’ benefit, and thus, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(2) The assertion of defamation as of March 9, 2013 was received KRW 153,139,080 from L Co., Ltd. (hereinafter “L”) to the personal account. The Defendant’s expression of such fact also originated from the public interest purpose of the members’ interests and thus, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Determination

A. (1) The facts constituting the elements of a crime charged in a criminal trial of relevant legal principles on March 5, 2013 are the prosecutor who bears the burden of proof, whether it is a subjective or objective element. As such, a person who was prosecuted for a crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act is indicted.