The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On May 20, 2014, the Defendant and the victim partly revised the terms and conditions of the instant lease agreement (hereinafter “instant lease agreement”) on each land located in Gyeyang-gu P, F, and Q (hereinafter referred to as “land located in the same Dong”) located in Gyeyang-gu, Seoyang-gu (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”) following the conclusion of the instant lease agreement.

at the time of the conclusion of the contract, the victim's representative G may build a new building in Q land to the defendant, and the civil lawsuit with the former lessee has been completed.

However, the facts are that Q Q land is not possible to construct a new building because it is impossible to open access roads. Since civil litigation between the victim and the former lessee was in progress at the time of the conclusion of the instant lease contract, the contents of the banner listed in paragraph 2 of the judgment of the court below are true, and the defendant also believed it as fact and posted a banner listed in paragraph 2 of the judgment of the court below. Thus, the defendant publicly stated false facts.

It can not be seen, and there was no perception that the defendant would indicate false facts.

B. The misapprehension of the legal doctrine is justified because the Defendant stated facts for the public interest.

(c)

The punishment of the court below (1,00,000 won) which is unfair in sentencing is too unreasonable.

2. Determination

A. Based on the circumstances indicated by the lower court’s judgment regarding the assertion of mistake as to the facts related to Article 2 of the lower judgment’s holding, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the victim’s agent G from an investigation agency to the lower court, consistently confirmed that construction of a new building could be possible through the Gu office for Q land from before entering into the instant lease agreement to the lower court. At the time of entering into the instant lease agreement, it was confirmed that K is possible to build a new building at the Gu office.