공공단체등위탁선거에관한법률위반
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles Ga) E’s disbursement of field trips is executed in the name of the Cooperative according to the business plan and the branch budget of the Nonghyup.
Therefore, this constitutes a “act not deemed a contribution act” under Article 33(1)(b) of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”), or even if it is a contribution act, it cannot be deemed a contribution act made by the Defendant. Therefore, there is no constituent element.
B) Even if this is considered as the Defendant’s contribution act, it does not contravene the social norms, and thus, the illegality as a justifiable act is excluded, or the Defendant is erroneous that his act was not a crime under the laws and regulations, and thus, the Defendant is held liable for the mistake of the law.
2) The unfair sentencing of the lower court (an amount of KRW 900,000) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. Determination as to the assertion that there is no composition requirement. Article 35(5) of the Entrustment Election Act prohibits the head of an agricultural cooperative under the Agricultural Cooperative Act by prescribing that the head of an agricultural cooperative cannot make a contribution while in office, thereby continuously prohibiting the Defendant from making a contribution by the head of the agricultural cooperative, which is subject to punishment under Article 32 of the Entrustment Election Act. After comprehensively prescribing the contribution act subject to punishment under Article 32 of the Entrustment Election Act, Article 33(1) of the Entrustment Election Act is limited to cases where “act on duty” or “ordinary act” is not considered as a contribution act.
In light of the method and contents of this law, the act of offering money, goods, etc. falling under Article 32 of the Trust Election Act is a contribution act unless it falls under the acts listed in the above exception provisions.
2) Examining the instant case on this premise, the educational expenses for executive officers are presented in the business plan and the budget of revenues and expenditures.