The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there is a lack of evidence to prove that the defendant made a statement as stated in the facts charged in this case, and there is no evidence to prove that the defendant made a false statement and that there was a criminal intent to make a false statement to the defendant, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous of law.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. 1) In determining whether the facts alleged in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false, if the facts alleged in the relevant legal doctrine are different from the truth or are merely the degree of somewhat exaggerated expressions in light of the overall purport of the alleged facts, it shall not be deemed false, but if the important parts are not consistent with the objective facts, it shall be deemed false (see, e.g., Supreme Court Decision 2010Do6343, Nov. 15, 2012). Meanwhile, the prosecutor actively proves that the facts alleged in the above facts are false, but the prosecutor must prove it without reasonable doubt if the absence of such facts is about the absence of a specific act at a specific period and at a specific place. However, if it is impossible for the prosecutor to prove the absence of the facts that have not been embodied in the specified period and space, on the other hand, it shall be deemed that there is a false fact.

Since these circumstances are easy, it should be taken into account in determining whether the prosecutor has fulfilled the burden of proof, and therefore, it should be suspected.