The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal was sufficiently predicted by the Defendant through H to inform him/her of his/her petition externally through H, and even if not, it was anticipated that at least such petition is known to the person inside the Association, and as long as the content of the petition was not simply to express a complaint against the victim and false facts were revealed, the facts charged in the instant case are sufficient to prove the content of the record, including the nature of the performance, and thus, the lower court erred by misapprehending the legal doctrine, thereby acquitted the Defendant.

2. Determination

A. The summary of the facts charged and the judgment of the court below 1) The defendant, at the office of the Association on April 25, 2013, at the office of the Association, a corporate director of the Association, submitted to the victim E a statement of the following criminal facts to the company that operated the defendant as a standing director of the Association, on which the defendant agreed to attract investors. However, there was no fact that the victim had made such a cross-fluoration or attempt. Accordingly, the court below found the defendant not guilty on the ground that the facts charged in this case were not recognized as a public performance of defamation.

B. The public performance, which is the constituent element of the crime of defamation of a party’s judgment, refers to the state in which many, unspecified or unspecified persons can be recognized. Thus, even if a fact was distributed to an individual, if there is a possibility of spreading it to an unspecified or unspecified person, the requirement

As above, in cases where the public performance of defamation is recognized on the ground of the possibility of dissemination, there is dolusent intent as a subjective element of the constituent elements of the crime. Thus, performance is performed when there is an awareness of the possibility of dissemination, as well as when there is an intent to deliberate to allow the risk.