All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Legal reasoning is that the Seoul Special Metropolitan City, SH Corporation, and E Management Representative Committee, which sent a written request for dismissal of this case by the Defendants, is a management supervisory agency for the management unit or representative members, and thus performance cannot be recognized. Thus, the lower court’s finding of guilty of the facts charged of this case is erroneous in the misapprehension of legal doctrine as to the public performance of the crime of

B. In light of the various sentencing conditions of this case, the sentence of a fine of KRW 2 million imposed by the court below against the Defendants is too unreasonable.

2. Determination

A. The performance refers to a state in which many and unspecified persons can recognize it in the crime of defamation of reputation in determining the misapprehension of the legal doctrine’s assertion, and performance is recognized regardless of whether there is a possibility of spreading false facts to other persons.

According to the evidence duly admitted and examined by the court below, since the defendants sent the request for dismissal of this case to many agencies, such as Seoul Special Metropolitan City, SH Corporation, and E Management Group Representative Committee, by stating false facts, and the situation where many people can recognize is recognized, the performance can be fully recognized.

Therefore, the Defendants’ misapprehension of legal principles is without merit.

B. Defendant A did not have any history of crime with respect to the determination of the wrongful assertion of sentencing, and Defendant B did not have any history of crime except for the punishment of fines twice for a crime of double-class, and Defendant B appears to have no record of crime, and the false details stated in the written request for dismissal disposition of this case are not distributed to general merchants, and thus the victim’s reputation is not seriously undermined, etc. are favorable to the Defendants.

On the other hand, this case was elected to the representative committee by pretending that the injured party did not have a qualification as the representative committee member of the management unit.