All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant did not have made a statement that impairs the reputation of the victim to C believers.

In addition, the fact that the defendant installed the locking device of the office so that he could not enter the victim, but this is due to the fact that he kept the defendant's goods in the above office, and there is no fact that he replaced the locking device or replaced the entrance number, and since there is a gap that the defendant did not have the defendant, it did not interfere with the duty of the victim due to the above act of the defendant.

However, the lower court erred by misapprehending the fact that the lower court pronounced guilty of the facts charged of defamation of this case and obstruction of business affairs, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor, the prosecutor 1) fully recognizes the fact that the defendant acquired the real estate of this case by deceiving the victim.

However, the lower court erred by misapprehending the fact that the lower court acquitted the facts charged of the instant fraud, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. 1) As to the Defendant’s assertion of defamation, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court, based on the following: (a) considering the difference between the method of evaluating credibility of the first instance court and the appellate court based on the spirit of substantial direct and psychological principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle; and (b) based on the evidence duly examined in the first instance court

The results of the first instance court's examination and the appellate court's final appeal are additionally made in extenuating circumstances or until the final appeal is made.