The judgment below

The part against the Defendants is reversed.

Defendants are not guilty. Defendants are not guilty.

1. Summary of the grounds for appeal (misunderstanding of legal principles and mistake of facts)

A. misunderstanding of the legal principles (defendant 1) The Defendants merely expressed their opinions and do not constitute “a false fact” as provided in Articles 314(1) and 313 of the Criminal Act.

2) Advertisement of the victim’s leaflet is unlawful or unfair as it distort the truth, and thus does not constitute legitimate business protected under the law.

3) Even if the Defendants’ act constitutes interference with the business of the victim, it is justified as a legitimate act that does not violate the social norms.

B. Defendant D did not have awareness that the content of the instant personal information was false.

2. Determination

A. Defendant A is a person who operates the J Art Research Institute in the third floor of the Busan Shipping Daegu International Building. Defendant D is a person who operates the "L Art Research Institute" in the 6th floor of the K in Busan Shipping Daegu, and Defendant D is a director of the Busan City Branch of the K Art Research Institute. Defendant B is a lecturer of the "L Art Research Institute" in the above 3rd floor of the N in Busan. Defendant B is a person who operates the "O Art Research Institute" in the 3rd floor of the N in Busan Shipping Daegu, and Defendant C is a captain of the P Federation's Shipping Zone. Defendant C is a person who operates the "R Art Research Institute" in the 6th floor of the P Federation. The victim S is a person who operates the "T" in the 3rd floor of the above K Building.

On December 26, 2014, Defendants and E advertised advertised the following: “T, operated by the victim S, is an advertisement: (a) on December 19, 2014, the content of the advertisement leaflet inserted in the Joseon Day on December 22, 2014; (b) on December 19, 2014; (c) on December 22, 2014, the content of the advertisement leaflet was “six successful applicants of the first regular recruitment of Seoul National University in Seoul in 2015; (d) seven successful applicants of the first screening process at the Korean National University of Arts; and (e) eight successful applicants of the second occasional recruitment process at the Hong High National University.” However, even if the content of the advertisement slip was “a notice on the prevention of damage due to the case of false advertising of the Korea National Institute of Art Education.”