The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

【Judgment on Grounds for Appeal】

1. The lower court found the Defendant guilty of the facts charged of each of the instant facts charged, although the facts alleged in the grounds of appeal are true and solely pertaining to the public interest.

2. Determination

A. We examine the following circumstances found by the evidence duly adopted and examined by the court below as to whether the F's illegality is true or not, namely, the defendant's assertion that F has embezzled the proceeds of selling the land of school juristic persons G, and the specific facts and grounds are not presented, and the defendant did not present it in the course of investigation and public trial. According to the statement at the police station of the MG K of the MG, it is recognized that the defendant was subject to a disposition that there was no suspicion after receiving the same document at the GG office around May 26, 1990 and the auditor was conducted, and that the plaintiff was present at the MG and the director of the defendant at the MG and the defendant at D and M secondary school for about ten years with the audit at the NG and M secondary school, and that the defendant stated to the purport that "the content of the statement is not" in the police station, as well as the defendant stated in this case, the defendant submitted the same document to the Gyeonggi-do Office of Education and the fact that the defendant did not have any false fact.

B. In the crime of defamation of public performance, performance refers to a state in which many, unspecified or unspecified persons can recognize it. Thus, even if a fact is distributed to one person, if there is a possibility of spreading it to many, unspecified or unspecified persons, the requirements for public performance are satisfied.

However, it will be disseminated differently.