The judgment below is reversed, and the case is remanded to Busan District Court.

The grounds of appeal are examined.

1. The summary of the facts charged is those who oppose the establishment of the Busan Southern-gu District Housing Association, and the victim G is the chairperson of the District Housing Association Promotion Committee, and the victim E is the representative director of the said District Housing Association F Co., Ltd. (hereinafter “F”).

From August 1, 2015 to August 20, 2015, Defendants conspired to post one banner (90cm x 3m) to oppose the establishment of the regional housing association in Busan Southern-gu, Busan-gu, and interfered with the establishment of the victim G association and the distribution agency business of the victim E by inserting a false statement that “the entire amount of development investment funds can be paid in the event of failure of the regional housing association.”

2. On the grounds indicated in its reasoning, the lower court maintained the first instance judgment that found all of the facts charged of this case guilty.

However, it is difficult to accept the judgment of the court below for the following reasons.

A. “Dissemination of false facts” in the crime of interference with business refers to spreading facts that do not conform with the objective truth, and it does not constitute mere expression of opinion or value judgment.

In distinguishing whether the subject matter is a fact or an opinion, the determination ought to be made by taking into account the overall circumstances, such as the ordinary meaning and usage of the language, possibility of proof, context in which the language at issue was used, and the social situation at the time, etc. (see, e.g., Supreme Court Decisions 97Do2956, Mar. 24, 1998; 2010Do17237, Sept. 2, 201). In this context, false facts do not require false facts, but include cases where there is a risk of obstructing another person’s business by adding false facts to a considerable extent, not false facts.

However, considering the overall purport of the content, the important part is consistent with objective facts, but there is a little difference in detailed facts.