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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal: (a) As to the part of the instant facts charged, DNA received KRW 4 million from G separately from the outstanding amount of KRW 3.7 million; (b) as such, the part in which the Defendant indicated that the outstanding amount of KRW 3.7 million was the Development Fund constitutes false facts; and (c) as to the part in the instant facts charged, which indicated that D did not take any measure to receive the above rent, constitutes false facts, the lower court erred by misapprehending the legal doctrine or acquitted the Defendant.
2. Determination
A. Prior to the judgment on the grounds for appeal by the prosecutor of the amendment to indictment, the prosecutor tried to examine ex officio prior to the judgment on the grounds for appeal by the prosecutor of the amendment to indictment, and applied for the amendment to indictment with the content that "the defendant has damaged the reputation of the victim by pointing false facts" of the facts charged in the instant case and the subsequent applicable provisions of Article 307 (2) and (1) of the Criminal Act, which are applicable provisions thereunder. As such, the judgment of the court below is no longer maintained.
However, despite the above reasons for ex officio destruction, the part of the rent for Albanp from sunrise to sunrise of the prosecutor's appeal against the judgment below is still subject to the inquiry of this court within the scope of the modified facts charged.
B. Determination of the prosecutor’s grounds for appeal (the part of the charges of this case, known from sunrise to sunrise) (1) The Defendant was the Director of the Management Office of the Guro-si Apartment (hereinafter “the apartment of this case”) and D was the Women’s Women’s Association president of this case.
In fact, even though D has taken such measures as finding the debtor's house in order to receive the rent of 4 million won until sunrise, and sending content-certified mail, the defendant took measures, such as sending contents-certified mail, on February 28, 2012, KRW 1,951,000 in books of women's association prepared by D.