The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

1. The summary of the grounds for appeal is that an agricultural company J Co., Ltd. (hereinafter “J”) received a decision to permit the sale of the land related to the facts charged in this case (the article number 1) in the real estate auction procedure conducted openly, and if the Defendant participated in the auction procedure at an appropriate amount, the sale of the real estate sold in this case is subject to a decision to permit the sale of the land AA, AB, AC, AD, AE, AE, AF, AF, AH, AH, AJ, and AJ (property number 3) in Namyang-si, Nam-si, Nam-si, Nam-si, Nam-si, J. (hereinafter “instant real estate sold in this case”). If the Defendant participated in the auction procedure at an appropriate amount, it was possible to obtain the decision to permit the sale of the real estate sold in this case.

The victim D is a creditor of the O Co., Ltd. (hereinafter “O”) who participated in the auction procedure of the real estate sold in this case through J, a subsidiary, in order to prevent the decrease of the remaining assets to be distributed from O.

On the other hand, since the provisional attachment registration was completed in the above land at the time of purchasing the sold real estate in this case on the part of the defendant, the defendants also knew that the above provisional attachment was cancelled or that there was a risk of proceeding with the auction procedure for the sold real estate in this case in order to carry out the development project using the sold real estate in this case.

Although the above circumstances are the same, it is reasonable to view that the Defendants’ act expressed that J received a decision to permit the sale of the instant sold real estate through the auction procedure, and that the Defendants’ act constitutes defamation based on the expression of false facts, and that there was a perception of falsity against the Defendants.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged in this case 1) Defendant A) around May 2, 2017, at the vicinity of the office entrance of the company, etc. located in Seocho-gu Seoul, Seocho-gu, Seoul, the following facts are the president E or the above facts.