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(영문) 광주지방법원 2012.11.08 2012고정1565
농업협동조합법위반
Text

The defendant is innocent. The summary of the judgment on the instant case shall be disclosed.

Reasons

1. No person summary of the facts charged shall publish any false fact in connection with the election of executive officers or representatives of local agricultural cooperatives or slander a candidate by making a speech, poster, or any other means, or by openly pointing out any fact;

Around July 2011, the Defendant created an organization with ten members of the NA and CF, which is intended to enter the election of the president of the AFF (which was scheduled to be held on December 27, 2011) with the ten members of the D and CF, and had expressed awareness that F, who intended to enter the election of the president of the AF, slandered F by informing its members of the details of criminal punishment, etc.

The Defendant, on January 7, 2004, was sentenced to a fine of one million won by the Gwangju District Court to a violation of the Agricultural Cooperatives Act, and was aware of the fact that “The Defendant did not submit a real estate appraisal report, etc. at the special meeting of the Association, while deliberating on the agenda for purchase of grain warehouses at the special meeting of the Association, and filed a false report at the special meeting of the Association.”

Nevertheless, around August 25, 2011, the Defendant sent postal items, such as the attached Form, to the members of the cooperative, at the “Tridong post office” located in the Youngdong, Gwangju Minedong.

As a result, the Defendant posted false facts in relation to the election of the head of the agricultural cooperative association and slandered F who is a candidate.

2. The public prosecutor instituted the instant public prosecution by applying the “Article 172(3) and Article 50(3) of the Agricultural Cooperatives Act.”

However, in light of the date and time of the crime as stated in the facts charged (amended by Act No. 10522, Mar. 31, 2011), the term “Article 172(3) and Article 50(3) of the former Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 31, 201)”, which was in force at the time, applies to the instant case until March 1, 2012, prior to its amendment and enforcement.

such application.

However, Article 50 (3) of the former Act provides that "any person shall make a speech, poster, and others with respect to the election of executive officers or representatives of the local agricultural cooperatives."

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