The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. As to the facts constituting the crime of Paragraph 1 of Article 2 of the Criminal Procedure Act as stated in the judgment below, although the defendant was detained as a crime of fraud and the defendant stated that D was accused of the crime of fraud, it does not mean that D was detained as a ground fraud as stated in this part of the facts charged.

As to the facts charged in the judgment of the court below, the defendant merely stated that G was tried in fraud to E, and that G was detained after being tried by the Suwon District Court on December 5, 2012, as stated in this part of the facts charged.

Nevertheless, the court below found the defendant guilty, and the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is as follows.

1. On October 5, 2012, around 13:08, the victim E and Handphone invested in the victim D, the representative director of C&C corporation, and the fact that the victim was detained as a ground issue related to C&C corporation, although the victim was not detained, the president of C&D was detained as a ground issue, and the person was arrested as a fraud change, thereby impairing the victim D’s reputation by openly pointing out false facts;

2. At around 07:30 on November 24, 2012, E’s house located in 07:30, and even if the injured party G was not tried as a ground problem, E would be detained by having been tried by the Suwon District Court on December 5, 2012 due to the ground fraud by stating that “The honor of the injured party G was damaged by pointing out false facts.”

B. The lower court found the Defendant guilty of all the facts charged in the instant case based on the evidence produced at the time.

C. (1) In order to establish the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, the offender must publicly indicate the fact.