The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. In the case of misconception of facts, misunderstanding of legal principles, defamation, and interference with business, although the defendant's use of a ticket and conducted one person's demonstration as stated in the facts of the crime in the judgment of the court below is difficult to see that the victim was specified only by the contents indicated in the ticket, and the contents listed in the ticket do not constitute false facts, and there was no awareness about the falsity of the defendant. Therefore, there was no intention to commit a crime of obstruction of business due to defamation by

In the case of intimidation, the defendant did not intimidation the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal

One act of spreading false facts constitutes the crime of interference with business by spreading false facts under Article 314(1) of the Criminal Act, as well as the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act.

(see, e.g., Supreme Court Decision 2007Do7140, Nov. 15, 2007). Article 1-A of the judgment below is the same.

On December 11, 2018, the facts constituting the crime of this paragraph are as follows: (a) around D on December 201, 2018, the defendant lent money to the victim for the use of the scam, (b) the head of the scambling house gypt, (c) the home is broken off, (d) the head of the scambbby house gypt, and (e) the head of the scambling house gypted with his family members, thereby spreading false facts, thereby hindering the business of the victim and impairing the honor of the victim by openly pointing out

paragraphs (c) and (c)

The criminal facts of this paragraph are that the defendant interfered with the business of the victim and damaged the honor of the victim in the above manner even around December 13, 2018 and around December 21, 2018.

In light of the above legal principles, the Defendant’s temporary crime of interference with business is committed.