The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that misunderstanding the fact that the Defendant recorded the same article as the facts charged in the instant case on the Internet bulletin board.

However, the purpose of the defendant's notice was to provide information to the public by informing the illegality of the victim's credit bulletin board operated by the people working in the information and communication industry.

Therefore, it cannot be said that there was a purpose of slandering the defendant under Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (700,000 won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the term “purpose of slandering a person” under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means that the intent or purpose of defamation is required. Whether a person is intended to defame a person ought to be determined by comparing and balancing the following: (a) overall circumstances pertaining to the expression itself, such as the content and nature of the relevant statement; (b) the scope of the other party to whom the relevant fact was published; and (c) the method of expression, etc.; and (d) the degree of reputation

In addition, since the purpose of defamation is contrary to the direction of the actor's subjective intention that is for the public interest, it is reasonable to view that the objective of defamation is denied in a case where the alleged fact is related to the public interest, barring any special circumstance. Here, "in a case where the alleged fact is related to the public interest" is objectively related to the public interest when considering the alleged fact objectively.