The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

1. Summary of grounds for appeal;

A. It is unfair that the prosecutor's sentence (unfair sentencing) of the court below (2 years of the suspended sentence in October; 2 years of the suspended sentence in May; 3 years of the suspended sentence in May; and 160 hours of community service) is too unfluent.

B. Defendant A1) The Defendant misunderstanding the fact did not have made a statement that impairs the reputation of the victim G, and the Defendant made such a statement with the speaker.

Even if there was an intentional act of defamation in light of the fact that I and G have made efforts to compromise.

shall not be deemed to exist.

2) The Defendant, with the consent of the victim I, transferred KRW 15.8 million to the Defendant’s account with the victim I.

3) The sentence of the lower court’s improper sentencing is too unreasonable.

(c)

Defendant

B(unfair sentencing) The sentence of the lower court is too unreasonable.

2. Determination

A. Defendant A’s assertion of misunderstanding the facts

The defendant's assertion that there is no statement that impairs the reputation of the victim G (see, e.g., Law No. 146, Law No. 153, Law No. 154, Law No. 235), the defendant's statement is without merit.

B) The criminal intent as a subjective element of the crime of defamation is sufficient to recognize the fact that the actor has caused damage to the reputation of the victim (see Supreme Court Decision 85Do588 delivered on May 28, 1985). The defendant's assertion that the defendant had endeavored to compromise I with G has no intention of defamation is without merit.

2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant asserted that the Defendant transferred KRW 15.8 million to his account with the victim I’s consent, but I stated that such consent was not granted (see, e.g., Court Records No. 134), and ② the Defendant was given a loan of money from I to him.