The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The contents of the text of this case sent by the Defendant to the members of the Housing Reconstruction Association B is true.

Even if it is not so, there was a reasonable reason to believe that the contents of the instant text were true, and this was for the public interest of the entire association, and thus, the illegality is dismissed in accordance with Article 310 of the Criminal Act.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, the circumstance that the victim created and used the funds for ten years is not objectively verified. Nevertheless, the Defendant may recognize the fact that the Defendant sent to its members letters that could have been perceived as having used the funds by raising and using the funds. In addition to the time and motive for sending letters, specific method of expression, etc., it is reasonable to view that the Defendant damaged the reputation of the victim by openly pointing out false facts by openly recognizing that the contents of the instant letters were false, by openly pointing out false facts.

Meanwhile, there is no room to apply Article 310 of the Criminal Act to the act falling under the crime of defamation by publicly alleging false facts (see, e.g., Supreme Court Decision 2010Do2690, May 9, 2012). As seen earlier, Article 310 of the Criminal Act concerning the dismissal of illegality cannot be applied insofar as the Defendant’s act constitutes defamation by publicly alleging false facts.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. There are some circumstances to consider the circumstances leading to the instant crime, and the Defendant’s primary offender, etc.