Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) revealed financial status as the president of the E-B, and did not reveal the circumstances leading up to the loss of the receipt of public funds in 2010 by G, a telegraph, and posted the intent to raise an objection on the day of the ordinary general meeting of shareholders in 2010, such as obtaining approval for accounting audit. It is merely a somewhat exaggerated expression.
In addition, it is difficult to conclude that there was no fact that the receipt was partially lost or concealed in a normal financial audit based on the receipt, etc. at the time of 2010.
B. The expression of “aggravating organization” does not constitute insult.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation), the victim H, the president of the G, the telegraph of which, around 2010, submitted the accounting data and receipts to K to audit and audit them normally before the ordinary general meeting of shareholders, thereby enabling K to report them and conduct a normal financial audit, and there was no fact that part of the receipt of public funds was lost or concealed. At the time, the victim H was merely executing public funds normally through the account of G, a finance company, and was not using public funds as the last means of settlement by transferring public funds to its own account.
In addition, as the court below stated, although there were doubtful circumstances at the time of posting the instant text, such circumstance alone cannot be readily concluded that G president H intentionally concealed the receipt of public funds in 2010 at the time of 2010, and there is no circumstance to readily conclude that H has appropriated money by transferring public funds to H’s account, “I have obtained approval of an insolvent audit and inspection.”