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(영문) 부산지방법원 2019.10.25 2018노719

새마을금고법위반

Text

The judgment below

Among the guilty portion and the innocent portion, the Community Credit Cooperatives Act is established in fact for the purpose of slandering on November 25, 2015.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (as to the violation of the Community Credit Cooperatives Act by door-to door-house visits), Articles 85(3) and 22(2)5 of the Community Credit Cooperatives Act (amended by Act No. 12749, Jun. 11, 2014), which are applicable provisions to the facts charged, are contrary to the principle of no punishment without law and are contrary to the Constitution.

B) The Defendant did not visit F and J house for the purpose of having himself elected. Even if the Defendant visited the house of F, etc. for the purpose of having him elected, the above act is dismissed as unlawful or as there is no possibility of expectation. C) The time when the Defendant visited F’s house does not constitute an election campaign period.

Therefore, the defendant's act can not be viewed as violation of the Community Credit Cooperatives Act by visiting door to door.

2) In light of the background and reason behind the Defendant’s remarks against C, such as this part of the facts charged, and the contents of the statement and the context before and after the statement, it is reasonable to view that the Defendant slandered C, a competitor who is a competitor, to take advantage of favorable position in the election of the president.

2) The lower court’s sentence of unreasonable sentencing (the fine of KRW 800,000,000, is too unhued and unreasonable).

2. Ex officio determination on the guilty portion

(a) No one shall visit members door-to-door during the period stipulated by the articles of association for the purpose of getting him/herself or any specific person elected as an executive of the D Association or preventing him/her from being elected, in conducting an election campaign for the executive officers of the D Association;

1. On November 25, 2015, the Defendant: (a) at Fhouse located in Busan Dong-gu, Busan on November 25, 2015; (b) “C’s indecent act by compulsion of employees H at the place where F, a representative of B, who has the right to vote, and his wife G, are heard.