The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) ① The statement that “the victim, thereby, was elected by going to the election despite the absence of the eligibility to be elected as the president of the association” (hereinafter “second statement”) constitutes a false fact, and thus, the lower court erred by misapprehending the facts.

② The statement that “victim E, the president of a cooperative, committed four offenses, such as fraud, embezzlement, and offering of bribe, and was punished by a fine of KRW 15 million” (hereinafter “first statement”) does not constitute a case where illegality is dismissed under Article 310 of the Criminal Act. Therefore, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. The prosecutor asserts that the second statement is false information since there was no legal problem in the victim's candidate qualification on the grounds that the measures to preserve the claim against the victim were completed, and that the FF Election Commission examined the eligibility. Nevertheless, the defendant did not have the "legal qualification" to the victim.

However, in light of the following circumstances acknowledged by the record, i.e., ① the acceptance of the victim’s resignation before the judgment became final and conclusive on the ground that the debt preservation measure was completed, the main issue is to determine the authenticity of the second statement, ② the contents of K-U-K-U-U-K-U-U-U-K-U-U-K-U-U-K-U-U-K-G-U-U-K-U-U-K-U-U-K-U-U-U-K-U-U-K-U-U-U-K-U-U-U-K-U-U-U-K-U-U-U-U-U-U-K-U-U-U-U-U-U-K-U-U-U-U-U-U-U-U