The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The contents of the defendant's notice of mistake of facts are not false, but there was no purpose of slandering.

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

2. Determination

A. 1) In order to establish the “crime of defamation by a false statement of fact” under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the offender must publicly indicate false facts, and in determining whether a false fact is false, the determination should be made on whether the part that is not consistent with the objective fact is an important part by examining the overall purport of the alleged fact. In addition, the term “purpose of slandering people” under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. requires the intention or purpose of harm. The issue of whether a person has the intention of slandering a person requires the intention or purpose of harm, taking into account all the circumstances such as the content and nature of the alleged fact, the scope of the party against whom the relevant fact was published, the method of expression, etc., and the degree of infringement of reputation that may be damaged or damaged by the expression, etc. (see, e.g., Supreme Court Decision 2009Do863, Nov. 11, 2010).