The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had no intent to defame E Co., Ltd. (hereinafter “E”), and posted the content based on facts that the Defendant and the same victim were not false for the public interest purpose that the Defendant would no longer cause.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below, the following facts are acknowledged. In light of this, it is sufficiently recognized that the defendant, through the information and communications network, posted a false fact openly with intent to defame E and franchise store contracts, thereby impairing E’s reputation. In light of the motive of the crime and the contents posted by the defendant on the Internet, the defendant cannot be deemed to have committed the crime of this case for public interest purposes.

① On February 5, 2009, the Defendant entered into a franchise agreement with the victim E to “EM store.”

② Although the Defendant paid the down payment and the intermediate payment as agreed upon in the above franchise store agreement, the remainder is not paid according to the contract, and E demanded that “The said franchise store shall be registered under the name of the Defendant as to the payment of the remainder after obtaining a loan,” but there was a dispute over the performance of the contract by E, while refusing to do so.

Accordingly, the defendant filed a civil lawsuit claiming the return of down payment to E, and filed a complaint against E representative director in fraud.

③ During the period from October 10, 2009 to November 15, 2009, the Defendant is running a business in which E receives an investment from an investor on 11 occasions, such as the statement of facts constituting a crime in the judgment of the court below. There are several people who suffered from fraud in E, and “E is running a business to receive an investment from an investor.”