The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The text messages sent by the Defendant to the customers of the D Animal Hospital is false and the Defendant had intention to interfere with business by mistake of facts about the acquitted portion (the point of interference with business) and misapprehension of legal principles.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, which erred by misapprehending the legal doctrine.

B. The judgment of the court below on unreasonable sentencing (the fine of two million won, additional collection of KRW 1,900) is too uneased and unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles on the acquitted portion (the point of business obstruction), the lower court acquitted the Defendant of this part of the facts charged on the ground that “A from the Defendant’s standpoint, it is difficult to see that the content of text messages is false as a content different from the truth objectively, ② the Defendant and the victim agreed to share customer information, ② the Defendant’s primary intent is to publicize or advertise his business, ③ it is difficult to see that the victim exclusively owned the relationship with the Defendant in light of the amount of premium, ③ it is difficult to deem that the victim exclusively owned the relationship with the Defendant, ④ it is not explicitly stipulated in the contract regarding the location, etc. of the veterinary hospital that the Defendant would open, ⑤ The result of related civil litigation, etc., on the sole basis of sending text messages twice, it is difficult to see that the Defendant spread false facts or interfere

(2) In relation to the crime of interference with business, the phrase “disseminating false facts” does not necessarily mean that the basic facts are false. Although the basic facts include, even if true, cases where there is a risk of interference with another’s business by adding false facts to a considerable extent. However, in light of the overall purport of the contents, the important parts are consistent with objective facts, and are only several in detail.