The Defendants’ appeal is dismissed.

1. Summary of grounds for appeal;

A. The instant printed matter prepared by the Defendants that did not constitute the elements for the crime of defamation by publication does not constitute a publication. As such, the Defendants cannot be punished as defamation by publication. 2) The Defendants asserted that there was no purpose of defamation by publication. The Defendants made the instant printed matter in order to pay the price higher than that of ordinary circumstances and discover the implementation of various construction works related to the building, and to reduce the loss of occupants by informing occupants of the fact.

The instant inducements written by the Defendants not only fall under the true facts but also fall under the solely for the public interest of the occupants of the E-building but also for the purpose of slandering G. Thus, the Defendants’ act is dismissed as unlawful and acquitted.

B. The sentence of a fine of KRW 3 million imposed by the lower court on the Defendants is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles, 1) In order to constitute the elements of defamation through publications as provided by Article 309(1) of the Criminal Act, the above crime is not established unless it satisfies one of the two requirements.

In addition, in order to be considered as a "publication" in this context, in light of the fact that when using publications, etc. in a factual manner, the degree of infringement on legal interests against victims, such as high propagation and reliability that many people can see, and the possibility of long-term preservation, is greater than that of such aggravated punishment, the proposal registered and published.