A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

[Name of crime recognized as to Defendant 00: Bribe of third party

The name of the crime recognized against acceptance, defendant Kim 00, and Park 00

: Third party acceptance of bribe, acceptance of bribe

(b) Acceptance of a third party;

(c) Offering of bribe;

(d) Violation of the Agricultural Cooperatives Act;

1. (a) b. d.

Western09 (45******* 1*********) the president of the Daegu Gyeongchip Agricultural Cooperative.

Housing Daegu Water-gu Mono-dong

Organization of the original domicile Kimcheon-si

2. A. (b) d.

Kim 00 (53******* 1********)**) and non-service workers.

Residence Daegu Dong-dong-gu

Heading Dong-gu, Daegu District of Registration;

3. A. (b) d.

Park 00 (54******* 1********) Daegu Gyeongsan Fabaco branch office

Housing Daegu Water-gu Pool-dong

Reference place of registration, Kim Sung-taeon

4.c)

Fixed00(62***********), (main), permanent* the Director of the Eastern Technology Center.

Housing Daegu Waterside Change

Heading of the Sung-gun District of Gyeongbuk-gu in the place of registration

5.(c)

Western00 (56**************), Dong (ju) *, the head of the Nam-nam Regional Headquarters of Detex *

Housing Daegu Northern-gu 2 Dong-dong

[1] Simsan-si, Simsan-gu, Simsan-do

Prosecutor

Kim Jin-hun

Attorney Park Jong-chul*, O* (Defendant 00)

Attorneys Kim Kim* (Attorney Kim - (Presiding Justice)

Law Firm Won (Defendant Kim 00)

Attorney Yoon Jae-won, Justice Kim Jong-won, Justice Kim Jong-soo, Counsel for the defendant-appellant, Justice Kim Shin-ho, Justice Kim Shin-ho, Justice Kim Jong-ho, Justice Kim Jong-ho,

Current, Park Jong-hee, Kim Jong-hee, Park Jin-hee, and Dohee

Attorney Soh * this** Defendant Park 00

Law Firm A General Law Office (For the purpose of Defendant 100)

Attorney Do-do*

Law Firm Offense (For Defendant 100)

Attorney Kim Jung-chul, Park Jae-young, Sho-ho, Shoho-ho, Park Ho-ho, Park Yong-ro, Sho-do,

Daegu District Court Decision 2009Gohap142 Decided October 7, 2009

June 10, 2010

Text

Agriculture due to a violation of restrictions on contribution acts against Defendant 00, Kim00, and Park 00 in the judgment below

All parts other than those of the violation of cooperative law, as to defendants 100, and 200

shall be reversed.

Defendant 1 shall be punished by a fine of KRW 700,000.

Defendant 0’s failure to pay the above fine, the period calculated by converting 50,000 won into one day;

shall be confined in a workhouse.

Imprisonment with prison labor with respect to Defendant 00, Defendant 100, Park 00, Park 00, and SO

shall be deferred respectively.

Defendant Kim 00, Park 00 to KRW 3,039, and KRW 636 shall be additionally collected.

Defendant 00, Kim00, and Park 00 on the part of violation of the Agricultural Cooperatives Act due to violation of restrictions on contribution acts by Defendant 1

The prosecutor's appeal against the prosecutor is dismissed.

1. Summary of the grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles

1) The part concerning the acceptance of bribe against a third party by Defendant 00, Kim00, Park 00, and the part concerning the acceptance of bribe against a third party, Defendant 100, and 00 others

3th Bribery part

Defendant 100 The Head of the Agricultural Cooperative of Daegu Gyeongbuk-gu (hereinafter referred to as the “Fachi-Fachi-Fachi-Fachi-Fachi-Fachi-Fachi)

Defendant Kim 00 is a standing director, Defendant Park 00 is a economic business and finally decided on the volume of pesticide purchase.

substantial discretion in determining the purchase volume of agricultural chemicals of FFFF, such as participation in due process;

The former had been.

Defendants 100, 100, 200, 200, 200, 20

Defendant 00, Kim 00, and Park 00

Article 130 (3) of the Criminal Code, because the Ministry of Agriculture, Forestry and Fisheries paid overseas travel expenses to the employees of the Agricultural Cooperatives selected.

It is sufficient to view that there was an "illegal solicitation" in the crime of acceptance of bribe.

Therefore, there is insufficient evidence to prove that there was an illegal solicitation.

The court below erred by misapprehending the facts or by misapprehending the legal principles.

(c)

2) Violation of the Agricultural Cooperatives Act due to Defendant 00, Kim 00, and violation of the Restriction on Contribution Act by Park 00

Part

old Agricultural Cooperatives Act (amended by Act No. 9761 of June 9, 2009; hereinafter the same shall apply)

172(1)3, 112(1) and 50-2 against the restriction on contributions referred to in Articles 172(1)3, 112(1) and 50-2,

in light of the form and content of the regulation, the purpose of the election campaign to establish the crime; or

It does not need to be related to election.

Furthermore, the Defendants had a number of members or members of the Agricultural Cooperatives.

The defendant, even though he knows that he had a pesticide company pay the expenses for overseas travel on behalf of him,

It is sufficient to view that there was a criminal intent to commit a crime of violation of restriction on contributions.

Therefore, in relation to the election of the head of the partnership, the defendants shall stand for the members or their families.

on the ground that it cannot be deemed that he sent overseas travel, the notice of acquittal of this part of the facts charged is not guilty.

However, the court below erred by misapprehending the facts or by misapprehending the legal principles.

B. Unreasonable sentencing

The punishment sentenced by the court below to Defendant 00 (the fine of KRW 700,000) is too unhued and unjust.

2. The part concerning the acceptance of bribe to a third party by Defendant 00, Kim 00, Park 00, and the third party by Defendant 10, and Park 00

As to the offering of bribe

A. Ex officio determination

For the first time in the trial, the public prosecutor shall have jurisdiction over the crimes against Defendant 00, Kim00, and Park 00, the applicable provisions of Acts, and the third party.

The charges of bribery and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and Defendant

00. Request for permission to amend a bill of amendment to the facts charged against 00 and this court shall do so.

As such, the part of the judgment of the court below on this issue is modified and maintained as it is.

(2) the court below held that there is a ground for reversal under the above authority, but the defendant OO, Kim 00, Park 00

The prosecutor's approval of the part concerning the acceptance of a third party and the acceptance of a third party and the third party of the OO's acceptance of a bribe

The assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this Court, and this is examined.

In this paper, I will examine.

B. The part on acceptance of bribe against a third party by Defendant 00, Kim 00, Park 00, and the part on acceptance of bribe against a third party, Defendant 100, and 00

I. Judgment on the grounds for appeal of mistake of facts or misapprehension of legal principles on the part of the offering of bribe

provided that

1) Summary of the facts charged

Defendant 1, Defendant 1, Defendant 1, Defendant 1, Defendant 1, and Defendant 1, Defendant 1, Defendant 1, Defendant 2, and Defendant 1, Defendant 1,

The economy is, in collusion, to purchase more agrochemicals of the corporation from the pesticide company.

of the AFF personnel of the AFF selected by the AFF in receipt of an illegal solicitation

By paying travel expenses on behalf of the party, a bribe was granted to a third party.

Defendant Jeong 00 means the action of the East Technology Center, Co., Ltd.* the Schedule (hereinafter referred to as the "Decree* the Schedule)

The chief of the chapter, the defendant's office, as the chief of the regional headquarters in Yong-Nam, Dong * Hax (hereinafter referred to as "Dong * Hax").

under section 00, Kim 00, and Park 00

By paying overseas travel expenses on behalf of others, a bribe was given to a third party.

2) The judgment of the court below

The lower court, based on its adopted evidence, found facts as indicated in its reasoning, and thereafter, found through this.

of the following circumstances, i.e., a pesticide company’s overseas travel to its employees:

sent is the biggest impact on the promotion of sales of existing pesticides, the supply and public relations of new pesticides, etc.

ultimate profit provision as part of marketing activities carried out in favor of honorors who are judged to have an effect;

The objective is that it was an artist or employee in charge of sales, and 2. The pesticide company supplies the agricultural product to FIF.

Agricultural chemicals have been sold to farmers and their members through researchers and employees in charge of sales.

the relationship between the structure that reduces inventory and increases the volume of purchase in the holding process at the time of stock;

Defendant 00 and Kim 00

even if there was discretion to do so, the estimated amount of purchase determined on the basis of the previous year sales volume.

Along with the fact that it was considerably unsatisfyed, ③ promoted overseas travel of FFF employees.

Defendant 00, Kim00, and Park 00 cannot be said to have returned to the personal interest of Defendant 1, as follows;

(2) They are not able to actively increase the purchase volume of agrochemicals on behalf of the pesticide company.

(4) Possibility in terms of the volume of purchases in the year when the agricultural chemical company has promoted overseas travel and has not promoted overseas travel;

5. part of marketing activities of a pesticide company

A product partnership with the National Agricultural Cooperative Federation, in addition to agricultural cooperatives, such overseas travel made;

In full view of the fact that agricultural chemicals are frequently implemented on the market, the agricultural chemicals company

to 00, Kim 00, and Park 00 to increase the purchase volume of agrochemicals in the process of the conference, and to this end,

This section on the ground that it is difficult to view that the FFF employees paid overseas travel expenses on behalf of the FFFF employees

The portion of the charge was found not guilty.

3) The judgment of this Court

A) Legal doctrine

A bribe in the case of acceptance of bribe by a third party under Article 130 of the Criminal Act means public official's duties.

illegal or unjustifiable benefits delivered to a third party by mediating an illegal solicitation, and 'illegal benefits'

Improper solicitation means not only an unlawful violation, but also an unfair violation of social rules or the principles of good faith;

(b) whether there was an illegal solicitation or whether there was a bribe related to his duties.

in determining whether or not a duty or solicitation is a duty or the content of such solicitation, the relationship with an interest provider,

In addition to the overall circumstances such as the details and timing of giving and receiving excess and the process of performing duties and a letter of apology thereto.

Benefits in light of the legal interests and interests of the bribery, which is the reliance of meeting and the impossibility of performing duties.

whether or not the fairness of execution of duties is doubtful by the general public due to the number of such persons;

on the basis of the principle of good faith. Furthermore, the performance of duties subject to solicitation itself is illegal and unjust.

In addition, the performance of the duties is connected to any consideration relationship, and the performance of the duties is

such solicitation shall be deemed to constitute an "illegal solicitation" if the solicitation is to be made on the basis of the issuance of the Company.

and the contents of the duty subject to the solicitation do not need to be specific, and the implied statement of intent

There is no need for the Si to have conducted an illegal disposal even at all times (Supreme Court Decision 1007.1.

26. See, e.g., Supreme Court Decision 2004Do1632 Decided 26.

In addition, a bribe in the case of the acceptance of bribe by a third party of Article 130 of the Criminal Code is a bribe in Article 129 of the Criminal Code.

It is recognized that there is a relation with his duties as in the crime of giving and receiving, and that bribe is a bribe.

It does not require that a third party receiving a bribe is aware that it is a bribe (Supreme Court Decision 2004Do86 delivered on June 15, 2006).

3424 see, e.g., Supreme Court Decision 3424).

B) the facts of recognition

According to the evidence duly adopted and examined by the court below, the following facts are acknowledged:

(2).

(1) From October 18, 2004, Defendant 1 and Defendant 10

From February 28, 2008 to its standing director, Defendant Park 00 to work for economic affairs from February 28, 2004 to its standing director; and Defendant Park 00 to work for its economic affairs.

C. Defendant 00, Kim 00 was an executive of the Agricultural Cooperatives under the Act on the Aggravated Punishment, etc. of Specific Crimes.

A public official shall be deemed to be a public official in the application of bribery pursuant to Article 4(1).

(2) The AFFF shall purchase agrochemicals required by its members as one of the economic projects and shall make such purchases to the Association.

In the business of selling agricultural chemicals to Won. The FFFFF has purchased agricultural chemicals from a pesticide company.

There are the system purchase methods and the self-purchase methods, and the system purchase methods are the National Agricultural Cooperative Federation.

Pursuant to the registration of agrochemicals of each pesticide company at the meeting of the Council in a system, each pesticide company shall be subject to the registration at the beginning of each year.

The unit price and basic incentives of pesticides (referred to as "in order for a pesticide company to promote the sale of agrochemicals";

FFFFFFFFFFY ACT RENY ACT RENFFFFFFY.

Based on this, the purchase of agrochemicals by further negotiations with agricultural chemicals purchase volume and additional incentives shall be made between them.

The method of self-purchase is a new pesticide product not registered in the National Agricultural Cooperative Federation's system.

with respect to the AFF, the AFF shall independently negotiate the purchase volume of agricultural chemicals and incentives with the AFFC company.

FFFC purchase means. The FFFF purchases 85 per cent of its purchase volume of agricultural chemicals in a system purchase method.

was made.

(3) The final pesticide purchase amount of FFF, whether in the form of a system purchase, or in its own purchase; and

The executive members of the FFF and executive members of the pesticide company conducted at the end of March or in the first order of April each year;

Defendant 00, Kim 00, Park 00 was decided through a conference process to meet or negotiate, Defendant 20

the executive members of the agricultural cooperative, based on the sales volume, stock volume, the amount of application for the branch of the agricultural cooperative for the previous year, and

the purchase volume of agrochemicals shall be determined, and furthermore, the final pesticide purchase volume shall be determined by participating in the trial proceedings; and

The decision-making work was taken in charge of the grant.

The volume of agricultural chemicals purchased by FFF shall, in general, be sold in the previous year, the quantity of stock, the amount of application for branches, etc.

(A) but finally determined through a hearing proceeding;

In particular, in the case of new drugs, the quantity or inventory of the previous year was not consistent at all times.

There have been many cases where the volume of purchase has changed through the trial process due to lack of quantity.

The pesticide company shall increase the purchase volume of agricultural chemicals of flusium and reduce the amount of incentives through the process of the City Council.

Defendant 1, the Director of the Eastern Technology Center, is about to do so, and Defendant 1, the Director of the Agricultural Chemicals Center, is about “to see in the Agricultural Chemicals Company.”

There are a lot of competitive products. For example, in the case of apology, there are coal disease, for each pesticide company.

I have competitive pharmaceutical products. The competitive pharmaceutical products refer to the chemicals used for the same pestary injury:

Products, such as the bank and chilling of other competitors, may be consumed more and more consumed by less products.

It may be possible. It is inevitable to increase the purchase volume of products of which consumption is greater, but the purchase volume of such products is inevitable:

Even if low-income products are less consumed, the effect of this product as a specialized medicinal material on the disease and insect pests.

If it is determined in the AFF that it is recognized, the quantity can be purchased more than the quantity in stock.

I stated "(Evidence No. 2157, 2158 pages)".

Defendant 100 also sold from the viewpoint of the Agricultural Cooperative Co., Ltd. more than KRW 1,20 million.

It may be considered to have discretion to do so as to be favorable to the State. With respect to the determination of the volume of purchase:

There is a fact that there is discretion, and that there is a decision-making right in agricultural cooperatives, or that there is a decrease in the stock of agricultural chemicals.

The scope of discretion is not wide since it is a low objective. It is encouraged from a pesticide company.

It goes through an official hearing process in order to accept higher amounts of money. The Director of the Office of Business

Since they are bad, if they are likely to be harmful or unfavorable, they may sell a large amount of agricultural chemicals to the Agricultural Cooperatives.

for competition. They must sell any conditionless self-owned goods even if they are prohibited.

In the case of each pesticide company, agrochemicals released by blightal insects shall be substituted by its ingredients.

B. It may be deemed that there is a possibility to replace to any extent in efficacy. Agriculture for a certain disease and insect pests.

mbination that it is possible to substitute for a certain degree of agrochemicals similar to those of each corporation.

(c) “Statement” (Evidence Records 2417, 2418, 2437 pages).

(4) Yong-American* Dong, Dong * Dong Tech, Dong dong LLC, Korea Triju Co., Ltd.;

Gyeong Dong-dong annually is a pesticide company that supplies agricultural chemicals to NAFFF and participates in the process of each year.

The AFFF and agricultural chemicals purchase amount and incentives were negotiated, and the defendant PFF 10

The Director of the Oral Center, the defendantOO shall be the Head of the Yong-Namnam District Headquarters of Harex, Earwon, and Eargu shall be the Stock Association.

G. Daegu Branch of G.S. Daegu of G.S. Dog-ro, Daegu Branch of Korea T.S. Dog-si, Daegu Branch of Korea T.S. Y.

The head of Daegu Branch Office of the Food Company was the head of the Daegu Metropolitan Government.

Defendant 100, west 00, Egresponding Board, Southern-gu, Han Man-gu, Grank-gu, the area of overseas travel and persons

The Minister of Agriculture, Forestry and Fisheries appointed Defendant 00, Kim 00, and Park 00 to pay expenses for overseas travel to the employees of the Agricultural Cooperative.

Then, Defendant 00, Kim 00, and Park 00 among the employees of the FFFFF, who proposed to do so. Overseas travel

If a person is selected and notified of the list to the agricultural chemicals company, the person so selected shall be the employees of the Agricultural Cooperatives.

To hear, he/she shall make overseas travel as shown in attached Table 1, and then travel the expenses.

The payment was made to the company.

(5) If a pesticide company reimburses the expenses for overseas travel of its members, it shall be charged to the Agricultural Cooperatives.

The purpose was to sell more pesticides of his company or to maintain the sales of existing pesticides.

In relation to the overseas travel of this case, the internal draft of the pesticide company prepared by Defendant 100

에는 " 당 센터 관내 능금농협에 중점약제와 08년 신규약제 ( 팬텀 ) 의 판매활성화 및 과

The purpose of this paper is to promote the creation of a new market for revenue and expenditure (Evidence No. 559 of the evidence record), and the defendant O

“Peste Dong * Hax's products are high in the preference of farmers compared to other agricultural chemicals companies in the year 2007.

Until they are sent overseas travel, business activities shall be operated until they are sent separately to the Agricultural Cooperatives.

I did not like this. However, as long as the sale competition by each pesticide company will continue to exist, the competition by each pesticide company will be heated.

S. As to FFF employees who were ordered at November 2006 to be the head of the Yong-Nam local headquarters, and who were ordered to do so.

In 2007, it is thought that our country will promote the sale of agricultural chemicals products of our company by sending overseas travel.

I have the honor to send 18 staff members of the Nonghyup to China at the end of each year. I have made a statement "."

(Evidence Records 2528 pages). The Gibyju was first issued to the Superintendent of the Daegu Branch in Dong-dong, 2008.

This paper analyzes the cause of the decrease in the supply amount of KRW 300 million compared to that of the previous year, as it appears in the monthly fences.

As a result, it was found that the stock volume remains excessively and it is difficult to supply new goods.

C. So, by visiting the staff of a gold cooperative through advanced field trips and product seminars, the good of ordinary agricultural products.

the travel to increase the quantity of supply in the beginning of the year 2009 by notifying the quantity of consumption and increasing the quantity of consumption;

I sent. I stated “(Evidence No. 2297 pages).”

(6) Overseas travel expenses incurred by Defendant 00, Kim 00, and Park 00-do agricultural chemicals companies in connection with their overseas travel of those employees

- The sales of more agricultural chemicals or existing sales of agricultural chemicals of its own company to the Agricultural Cooperatives or the sale of existing agricultural chemicals.

It was well aware that it was intended to maintain quantity.

Defendant Kim 00 paid the cost of overseas travel to the members of the Agricultural Cooperative in the Agricultural Cooperative.

I, as well as I, think I do not think that I will deal with the pesticides.

From the viewpoint of a pharmaceutical company, a large number of agrochemicals produced by them or the existing volume of sales shall be maintained.

I have stated "(Evidence)" (Evidence No. 2321, 2322) and Defendant No. 00

A pesticide company shall be selected from the AFFF if it does not supply a pesticide to the AFFFF.

There is no reason to pay the overseas travel expenses of the employees who are required to pay them for the overseas travel expenses.

Appendix 896, 897 pages)

1) (7) The area of the overseas trip of this case was Japan, China, the Philippines, Australia, New Zealand, etc.; and

Contents or schedule of the pesticide sold by the pesticide company shall explain, hear, or have developed the effects or usage of the pesticide

In addition to visiting agricultural technology, etc., "tourism in the area where the collection of private gold is made, tourism in foreign currency, and booms"

Rare animal viewing, such as Blumaman National Park, Macroston, etc., and ship-going cruise towers

No. 560, 561 of evidence records.

C) Determination

Defendant 00, Kim 00, and Park 00, expressed in the above facts of recognition, and the position and duty of Defendant

relation to 00, 00, etc. and details of solicitation, and the pesticide company shall pay overseas travel expenses of this case on behalf of the person concerned.

The circumstances, motives, and methods of the overseas trip of this case, the contents of the overseas trip of this case and the value of the expenses, etc.

Examining the circumstances in light of the legal principles as seen earlier, the pesticide association that supplies agricultural chemicals to FFFC each year.

U.S.C. 100, U.S. 100, U.S. 100, U.S. 100, U.S. 200

Defendant SOO, Kim 00, and Park 00

in connection with the duties of pharmaceutical purchase, at least more than one pesticide of its own company or at least more existing purchases;

to the effect that such a request has been made in the form of an "illegal solicitation" and even if so,

Defendant 50, 200 et al. did not explicitly make such unlawful solicitation.

Also, it should be deemed that there was an implied solicitation such as the foregoing.) In addition, the Defendant’s wife is bound to take the place of such solicitation.

(1) is deemed to have been made by any other motive unrelated to the performance of duties or duties.

of this section.

Therefore, the judgment of the court below that found this part of the facts charged as not guilty is erroneous.

B. The misapprehension of the legal principle on the "illegal solicitation" in the crime of offering a third party's offering of a bribe, which affected the conclusion of the judgment.

In error, this part of the lower judgment cannot be maintained as is.

C. The part on acceptance of bribe and the part on acceptance of bribe in the case of Defendant Kim 00, Park 00 and Defendant Park 00

Judgment on the offering of a bribe

1) Summary of the facts charged

Defendant Kim 00, Park 00

A bribe in connection with the duties of receiving payment of their overseas travel expenses from an ancient 00

Defendant 1 delivered and accepted a bribe. Defendant 100 delivered a bribe.

2) Determination

A. Bribery is a process in the performance of duties by a public official, trust in society and act of performing duties.

It is necessary to make a solicitation or illegal act on duties and make a solicitation or an illegal act.

there is a special solicitation in recognizing the acceptance of bribe of money and valuables received because they are not subject to such solicitation.

money or valuables have been received in connection with their duties, and each individual position is satisfied.

Any person who is not required to be in a quid pro quo relationship, and who is subject to such duties by a public official;

If money, valuables or other benefits are received from the perspective of the social rules, the amount of money, valuables or other benefits shall not be paid for

(1) is deemed to have been or may have been deemed to have been or may have been or may have been deemed to have been or may have been

Unless there are any special circumstances, such as cases where it is clearly recognizable, they shall not be related to their duties.

If a public official received money or valuables in connection with his/her duties, it shall not be deemed as a private case, and even if the public official received money or valuables;

The money and valuables received shall be a bribe, even if the money and valuables are given and received in the form of such money and valuables (Supreme Court of Korea).

February 1, 2008 (see, e.g., Supreme Court Decision 20075 5190, Feb. 1, 2008).

Meanwhile, the executive officers of government-managed enterprises under Article 4 of the Aggravated Punishment, etc. of Specific Crimes Act

Non-employee can also become joint principal offenders of the crime of acceptance of bribe with other employees (the law).

Seoul High Court Decision 99Do1557 delivered on August 20, 1999

B) As seen earlier, the positions and duties of Defendant Kim 00, Park 00, and relationship with Defendant Park Jong-soo;

The reason or motive for the payment of the overseas travel expenses of this case to the High Gohap 00 on behalf of the Minister of Foreign Affairs, and the overseas travel of this case

Examining the circumstances such as the content and the value of the expense in light of the aforementioned legal principles, Defendant Kim 00

Park 00 by conspiracy to receive the foreign travel expenses of this case from Defendant 100

sufficient to deem that the defendant accepted a bribe in relation to his duties and that the defendant had given a bribe

C) Defendant Kim00, Park Park 00

under an agrochemical purchase contract * as part of the obligation to provide education for the promotion of sales by the care center.

Defendant Kim 00 and Park Park 00 paid expenses for overseas travel

Defendant Kim 00, Park 00 merely on the ground that he provided overseas travel as an overseas training for 00

The defendant's assertion that it cannot be said that he received a bribe from 100.

According to the records, agrochemicals are imposed on the FIFFF in accordance with a pesticide purchase contract * FIFFFFFFY

In order to promote sale, an amount equivalent to a certain ratio of the supplied amount may be paid as a bounty.

assistance in the promotion of sales (such as provision of instructors, places, etc.) or in the supply of promotional items;

that such facts may be recognized.

However, as seen earlier, ① the contents and schedule of the overseas travel of this case are zero * Kenya.

(1) explain, hear, or check advanced agricultural technology, etc. the effects or methods of agrochemicals sold by a pesticide company;

In the case of incentives, most of the simple tourism, and in the case of incentives, the pesticide purchasing system.

ACFF shall pay FFF to AFF through the National Agricultural Cooperative Federation, and FFFFF shall

the use of such money after the settlement of its own income, etc., shall be subject to lawful accounting procedures and

Money received through the process, but in the case of the payment of the overseas travel expenses of this case, *

Hay 00, an employee of the U.S., directly paid expenses for overseas travel to the travel agency, and the F.C.

In full view of the fact that there was no money received through this legitimate accounting procedure and process, the Defendant

U.S. Ma 000 paid for the overseas travel expenses of Defendant Kim 00, and Park OO, a legitimate marketing activity

Since the defendant Kim 00, and Park 00's assertion in this part shall be deemed to have exceeded the scope of consent.

We cannot accept it.

D) Defendant Kim00 shall pay for the overseas travel expenses of the pesticide company in practice prior to this time.

As such, the defendant Kim 00 did not have any awareness or expectation of illegality.

B. The recognition of illegality or possibility of expectation merely because the defendant Kim 00 asserts such facts

Therefore, this part of the defendant Kim 00 cannot be accepted, since it cannot be said that there was no reason to believe that there was no reason to do so.

3. Violation of the Agricultural Cooperatives Act due to Defendant 00, Kim 00, and violation of restrictions on contribution acts by Park 00

Judgment on the portion

A. The judgment of the court below

The lower court acknowledged the facts as indicated in its reasoning based on the adopted evidence, and found through this.

(1) Overseas travel for the FFF employees of the Agricultural Cooperative;

The election of the president of the partnership was conducted before that. 2.

The size and number of elections can be considered to have increased, but all of them can be considered to have been elected.

The expansion of the market for pesticides, the social atmosphere caused by the boom booming abroad, and the boom between agricultural chemicals companies

Defendant in the selection of overseas travel personnel, as well as the result of hosting competition.

not specifically involved in OO, Kim 00, and Park 00, among the employees selected by them.

It cannot be deemed that a person who is a partner or a person who is a member's family member was included; 4.

The defendant was not proposed by the defendants, but was first proposed by the pesticide company;

In full view of the fact that the Defendants were refusing to travel abroad in the process, the Defendants’ association

It is deemed that overseas travel was sent to the members or their families in relation to the election of the head;

It was determined that this part of the construction was acquitted on the ground that it was not possible to do so.

B. The judgment of this Court

1) Article 50(1) of the former Agricultural Cooperatives Act provides that “A person shall do so to the local agricultural cooperatives.”

An association for the purpose of getting elected or elected as an executive officer or representative or for the purpose of getting elected or not elected;

Institutions, organizations, or facilities established and operated by a member or his/her family member or a member or his/her family member;

offering, expressing an intention to provide, or offering to provide, money, goods, or other proprietary benefits;

(1) No election shall be conducted, i.e., the purpose of the election or the defeat; and

Section 50-2(1) of the same Act provides that the executive officers of the local agricultural cooperative shall be the executive officers of the agricultural cooperative.

A candidate for election, his/her spouse, and an institution, organization, or facility to which a candidate belongs shall have the expiration date of the executive officers.

from 180 days before the beginning to the day at which the partner's family or member's family or member's family

Money, goods, and other property benefits for an institution, organization, or facility under the jurisdiction of the Gu;

public, expression of intent to provide a benefit, or promise to provide a benefit, shall not be allowed. The term "as it prescribes,"

Unlike Paragraph 1 of Article 50 of the same Act, "the purpose of election or defeat" is not required, but is a complex.

The prohibition of contributions from 180 days before the expiration date of the class to the relevant election day;

section 22.

The form, content and purpose of legislation of Article 50-2(1) of the former Agricultural Cooperatives Act;

In full view of the relationship with Article 50(1) of the same Act, Article 50-2 of the former Agricultural Cooperatives Act

The purpose of election campaigns or relation to election in order to establish a crime of violation of restriction on contribution under paragraph (1).

must not be deemed necessary.

However, the court below erred by violating the restriction on contribution under Article 50-2 (1) of the former Agricultural Cooperatives Act.

under the premise that the defendants should be related to the election of the president of the partnership in the establishment of the crime;

It is held that it cannot be deemed that a member or a family member's family member sent overseas travel.

Therefore, the court below erred by misapprehending the legal principles.

2) However, in order to have an intent to commit a crime of violating the restriction on contribution, a member or association member

There should be awareness that the family members should provide financial benefits.

However, the evidence duly admitted and examined by the court below is as follows.

In full view of all the circumstances, the evidence submitted by the prosecutor alone by the defendant 00, Kim 00, and Park 00

of the FFF personnel selected by the AFF to pay overseas travel expenses to the AFF personnel.

(1) The employees of some of them recognized that they constitute a member or a member's family member.

It is insufficient to conclude that it is, and there is no other evidence to acknowledge it.

A) The instant overseas travel was made as a proposal of a pesticide company, and the Defendant was the Defendant.

under the criteria, such as training of work, sharing of local areas, and exclusions from individual deduction performance targets of less than 30 per cent;

An election of the head of a cooperative shall be held only for the appointment of a person eligible for overseas travel among the employees of the Agricultural Cooperatives.

for overseas travel only for those who are members of the association or the family members of the association among those employees;

was not selected as such.

(b) The AFFF is a product partnership with a specific person, such as possessing at least 1,50 square meters of fruit as a product partnership;

members of the FFFF are 13,139 members, and employees, of the FFFFF.

The number of members and employees shall be 345 persons, and the number of members and employees shall be 345 persons, respectively, and the number of members and employees shall be in Daegu Metropolitan City.

The Defendants are subject to the scope of being scattered. For that reason, the Defendants are members of the Committee.

It is difficult to identify who is a member's family member or who is a member's family member's family member;

was difficult.

C) The Defendants selected during the period subject to the restriction on contribution and appointed overseas travel from the Republic of Korea.

There are not more than two members from among the members 38, and there are also 13 members who are family members of the association.

A prosecutor who had undergone the order (15 persons from among the employees of the instant overseas travel within the period of restriction on contribution)

The part on the restriction on contribution of this case was separately distinguished and prosecuted as a violation of the restriction on contribution of this case).

3) Therefore, the judgment of the court below that found this part of the facts charged as not guilty is correct and correct in conclusion, and acceptance.

The prosecutor cannot be deemed to have erred by misapprehending the legal principles that affected the judgment or by mistake of facts.

This part of the grounds for appeal cannot be accepted.

4. Conclusion

Therefore, the part on acceptance of bribe by Defendant 00, Kim00, Park 00, and the part on acceptance of bribe by Defendant 100, 200

The prosecutor's ground of appeal on the third party's offering of a bribe or the misapprehension of the legal principle

Article 364, Paragraph 6 of the Criminal Procedure Act, since there are grounds for reversal ex officio as seen earlier.

Pursuant to paragraphs (1) and (2), among the judgment of the court below, for Defendant 00, Kim00, and for Park 00

on the part other than the violation of the Agricultural Cooperatives Act by the defendant 1, 100, 100

(2) An election by election, except as provided by the articles of incorporation of the defendant O shall be reversed in its entirety and

The violation of cooperative law is in the relation of substantive concurrence between the third party bribery crime and the third party bribery crime under the former part of Article 37 of Criminal Code.

Since one sentence should be pronounced, among the judgment below, the above Agricultural Cooperatives Act by Defendant 00

The anti-crime part shall also be reversed at the same time), and the following decision shall be rendered after the pleading:

On the other hand, the Agricultural Cooperatives Act due to the violation of the restriction on contribution act by Defendant 00, Kim00, and Park 00

The prosecutor's appeal on the half is without merit, and this appeal is made in accordance with Article 364 (4) of the Criminal Procedure Act.

The judgment is dismissed. It is so decided as per Disposition.

Criminal facts

1. Defendant 00, Kim 00, Park 00

Defendant Seo 00, from October 18, 2004, was the president of the Fachi Agricultural Cooperatives; Defendant Kim 00, on February 2, 2008, was the president of the Fachi Agricultural Cooperatives.

28. From February 2004, a person who has served as his standing director, and from around February 2004, Defendant Park 00;

is the same.

In the office of the FFFF in Daegu-gu, Daegu-gu, 4, 329 - 7, the office of the FFFFFFF in Seoul-gu

Goman Park 00 is a pesticide company that has supplied agricultural chemicals to Feachi, * the East Technology Center Center of Fachin

From 100 to 100 to 200 to 200 to 30

In addition, sales will increase as much as possible. To the staff of the FIB in the KIBE* in the KIBE

It is intended to send the behaviors, and each branch office that prescribes and sells pesticides as possible, and sub-branch offices that prescribe and sell them.

The recommendation of the Dogs in a large number of Dogs is made, and the proposal " is made, and is more zero than that of other Dogs * The Kinna.

illegal solicitation to the effect that a large number of agricultural chemicals produced or new new drugs are purchased;

was received.

Defendant 200 is a standing director who has received a proposal for overseas travel from a pesticide company as above.

reporting to Defendant Kim00, who is the final decision-making authority, and reporting again to Defendant 00, who is the final decision-making authority.

Expenses of a pesticide company by selecting persons eligible for overseas travel from among the members of the Agricultural Cooperatives with next approval;

Ro He sent overseas travel.

Defendants are from May 1, 2008 to May 8, 2008, Australia and New Zealand with a schedule of 7 to 8 days from May 1, 2008.

10 employees belonging to Faul Agricultural Cooperatives, such as Faul Kaul Gari, a director for permanent residence, around that time.

The list of boxes was sent by facsimile to 00 and notified the list to be sent overseas travel.

Accordingly, the Defendants shall file a complaint for permanent residence for seven seven days from May 1, 2008 to May 8 of the same year.

8 persons, such as employees of the YAF and the AFF, shall travel overseas to Australia and New Zealand, and around that time.

(1) shares of 24, 317, 088 Won (3,039, 636 Won per person) for the above eight persons.

The company made payment on behalf of the company's aviation tourr.

As a result, the Defendants acted in collusion for the duties of Defendant 00, and Kim 00 who is deemed as public officials.

In relation to pesticide suppliers, * from 00 the Director General of the Eastern Technology Center, * in the Schedule *

The employees of the FFFF in receipt of illegal solicitation to purchase a large number of agricultural chemicals produced;

24, 317, 088 won for overseas travel expenses of the Corporation and 8 employees of the Agricultural Cooperatives.

The same amount of profit has been provided.

As above, Defendant 00, from September 2005 to July 2008, as between Defendant 1, 200 and Defendant 1, 2008

Seoul High Court Decision 79 U.S.C. 10 times in total, as shown in Schedule 1 of Crime List 1, Japan, China:

130,534,758 won, after sending overseas travel to Linnin, New Zealand, etc., in total, for the overseas travel expenses thereof.

around 100, five enterprises, such as KOB, are agricultural chemicals suppliers, have each of them paid on behalf of each of the relevant travel agencies.

in connection with the duties of Defendant 00 and Kim 00, which are deemed to be a public official, shall be subject to an illegal solicitation.

As above, 130, 534, 758 won shall be granted to the above 79 members, and the defendant Kim 00 shall be 208.

4. Three times from around 24. to early July 2008, as shown in attached Table 2, between a police officer from around 24. to a police officer.

Over 36 members of the Agricultural Cooperative shall be sent overseas travel to China, the Philippines, New Zealand, etc., and around that time.

The sum of the overseas travel expenses in three enterprises, such as Schedule, which are agricultural chemicals suppliers, shall be equivalent to the sum of 60,328,938,00 won.

Defendant 00, Kim, who is deemed to be a public official by making payment on behalf of each of the relevant travel agencies;

00 Benefits equivalent to 60, 328, 938 won to the above 36 persons upon receipt of an unjust solicitation in connection with the duties of 00

Defendant Park 00, from September 2005 to July 2008, 2008, committed an attached crime. Defendant Park 00

At least nine times, as described in Table 3, 75 members of the Flug Agricultural Cooperative, China, the Philippines, New Zealand, and New Zealand, respectively.

Overseas travel is sent to a pesticide supplier at that time, and there are five enterprises such as Schedule *, etc.

Official duties shall be performed by requiring each travel agency to pay a total amount of KRW 118,774,758 on behalf of the travel agency.

The above 75 persons who are deemed to have been subject to illegal solicitation with respect to the duties of Defendant 00 and Kim 00 who are deemed to have been appointed as members.

The amount of 118, 774, 758 won was provided to the Corporation.

2. Defendant Kim 00, Park 00

The Association in collusion with the Defendants to supply agricultural chemicals to the Agricultural Cooperatives in accordance with paragraph (1).

A private person* The Schedule determines to pay in lieu of the overseas travel expenses of the FFF personnel of the FFFF.

Many persons, as shown in attached Table 2-2, are traveling overseas to Australia and New Zealand, as follows:

* The sum of the total of KRW 3,039,636 per person for overseas travel expenses from 100 to the Director of the Eastern Technology Center.

6 The amount equivalent to KRW 072,272 was paid and received as a bribe in connection with its duties.

3. Defendant 100

A. The Defendant: The Defendant, on April 4, 2008, was Gicheon-gu, Taecheon-gu, Daegu 4,329 - Flusium 329-7

Defendant at the office of the head office of the project headquarters to 00, 100, 200, 200

* In relation to the sale of agricultural chemicals produced in the territory of the United States, a corporation to which the corporation belongs, the term "low-income new products in the gold year"

Many sales have to be increased due to their withdrawals, and many sales have to be sold in each branch or sub-branch.

I would not see. So I would like to give more overseas training to the employees of agricultural cooperatives in our company.

I would be possible to do so. I would like to propose "I would like to cover the cost of overseas travel for staff members of the FFFFFE*

The expenses shall be borne by the Kenya, and the products of his own agricultural chemicals and new medicines newly released shall be sold;

The purpose was to make an illegal solicitation.

Around that time, the Defendant received the delivery of the intent to accept it from the Agricultural Cooperatives, and then 208.

4. 10. Acceptance of border-related official doors and decision to send overseas travel from Fachiscams thereafter.

The list of 10 employees of the Agricultural Cooperative, including the Director of Permanent Residence, was notified.

Accordingly, on April 2008, 8 overseas travel expenses of 24, 317, 088 won (one person) including a president of permanent residence on April 2008.

The amount equivalent to KRW 3,039,636 per month shall be paid on behalf of the Korean Air Tour Co., Ltd., and from May 1, 2008, the same amount shall be paid on behalf of the Korean Air Tour.

by sending the above eight persons to Australia and New Zealand for the 7th day of May of the year to the 8th day of the year. A public official;

in connection with the duties of the president of the association who is deemed to be the president of the association, the standing director Kim 00, as well as in the territory of the United States*

(1) A complaint for permanent residence with a third party while making an illegal solicitation to request the purchase of a large amount of pesticides belonging to the State;

An amount equivalent to KRW 24, 317, 088 of overseas travel expenses was granted to 8 persons, such as lighting day, etc.

As above, the Defendant committed an offense between February 27, 2006 and May 8, 2008.

The president of the association who is deemed as a public official on three occasions, such as the list 4 of sight, and the standing director who is deemed as a public official;

An illegal solicitation with respect to his/her duties to Kim 00, 20 days, etc. of a complaint for permanent residence, a third party;

It granted 49,503,648 won to the master of the overseas travel.

B. In the manner described in the preceding paragraph, as shown in attached Table 2-2, to the above Kim 00 and Gao-O

The total expenses for overseas travel, as described in paragraph (3), while sending overseas travel to States and New Zealand.

6 The amount equivalent to KRW 6,079,272 was paid on behalf of the public official to give a bribe in relation to public official's duties.

4. Defendant’s book0

The Defendant, on November 1, 2007, was the Defendant’s Main Economic Co., Ltd. in the Daegu-gu, Daegu-dong 4, 329 - 7

the defendant's action at the office of the headquarters to 00, 100, 200, 200

in relation to the sale of pesticides produced by HTTE* our Association for the promotion of sale.

F. H. H. L. H. T. H. T. T. H. T. F. F. F. F. F. F. H.

The expenses for overseas travel of the cooperation employees * The expenses shall be borne by the agency * its own agricultural chemicals products and new ones

An illegal solicitation was made to the effect that many new drugs released were sold.

Around that time, the Defendant received from the AfFF the delivery of its acceptance to the AfFFF:

The head of the military division who received the text and subsequently decided to send overseas travel from the agricultural cooperatives.

The list of 18 staff members of the Agricultural Cooperatives, such as Kim Yong-san, is notified.

Accordingly, on December 2, 2007, 18 travel expenses of 22, 438, 260 won, 260 won, such as an agent of the head of the Gun office, Kim Yong-dae, etc.

each (one, 246, 570 won per person) shall be paid in lieu of the Pata network in lieu of all stock companies, and on December 12, 2007.

by sending up to December 16 of the same year the above 18 persons to China for 4-5 days until December 16 of the same year, thereby causing public officials.

production in HTT * in connection with its functions to 00 chief executive officers, and to YT Kim 00, who are deemed to be a standing director

agency of the third party in the course of making an illegal solicitation to request the purchase of a large amount of agrochemicals;

An amount equivalent to KRW 22,438,260 for overseas travel expenses to 18 employees of the Agricultural Cooperative, such as Kim Yong-san.

In such a manner, the Defendant committed an offense in attached Form between December 12, 2007 and April 27, 2008.

The president of the association who is deemed to be a public official on two occasions, such as the list of crimes No. 5; a standing director;

In making an illegal solicitation in connection with his/her duties to Kim 00, the third party head of the military bureau, Kim Yong-dae, etc.

33 Overseas travel expenses were 42,850,110 won.

5. Defendant’s book0

Anyone shall attach propaganda posters prescribed by the articles of association of the National Agricultural Cooperatives in connection with an election of executive officers. Election campaign bulletins

the distribution of the joint speech meeting, and the support lake using the telephone and computer communications which are a method other than a method of holding the joint speech meeting.

No election campaign shall be carried out in a way.

Nevertheless, the defendant in collusion with the National Assembly members on September 13, 2008 : 07 : 46 : 21 21 ;

Taesung-gu Yeong-gu 637 Hunslefaeng Mada 637 Madle-gu MaMaMaMa Ma* MaMa Ma* Ma* MaMa

Telecommunications (053 - 763 - ** * *) A mobile phone in a way to which members of the NFFFF have become members of the U.S. MFF.

(011 - 9209 - MaMaMa MaMa Ma Ma Ma Ma) at the time of posting the phone, the above Faf Agricultural Cooperative was planned to be conducted on September 29, 2008

In relation to the joint election, "I will request this time". The term "the method not provided for in the articles of incorporation"

as shown in the list of crimes in the separate sheet 6, including the election campaign to be carried out;

Mat MaMaMa MaMa MaMa MaMa MaMa Ma Ma3, using the above telephone set up in MaMa Ma Ma. Ma. Ma. Ma. Ma.

In relation to the election of the president of the AFFFFF, 69 persons, including members' interest paths, for 73 times

The election campaign was carried out in a way that the articles of incorporation did not provide for the support in the way of appeal.

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this Court is to add the following contents:

Since the judgment of the court below is the same as the corresponding column of the court below, it is as is in accordance with Article 369 of the Criminal Procedure Act.

this chapter.

1. The defendants' statements in the original judgment and in part of the original trial court

1. The witness - - - ju, Nam-gu, Han-gu, Lee Jin-su, Lee Jong-su, Lee Jong-won, Park 00, and 00. The oral statement of the original court at regular times;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each protocol of examination of a suspect to the prosecution against South-gu, Lee In-bok, Han-ok, and Go-ju;

1. Statement by the prosecution on the regular statement;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

○ Defendant 00

old Agricultural Cooperatives Act (amended by Act No. 9761 of June 9, 2009; hereinafter the same shall apply)

Article 172(2)2, 112(1), and 50(4) of the Criminal Act, and Article 30 of the Criminal Act.

Article 130 of each Criminal Code, and the specific crime Aggravated Punishment

Article 4(1) of the Act on Punishment, etc., and Article 30 of the Criminal Act (the point of each third party acceptance of bribe and imprisonment with prison labor)

x)

○ Defendant Kim 00

Article 130 of the Criminal Act, Article 4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 30 of the Criminal Act.

A third party's acceptance of bribe, choice of imprisonment), Article 129 (1) of the Criminal Act, a specific crime, etc. for a specific crime, etc.

Article 4(1) of the Act on the Bribery and Article 30 of the Criminal Act (the point of acceptance of bribe and the choice of imprisonment)

Defendant Park 00

Article 130 of the Criminal Act, Article 4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 30 of the Criminal Act

Article 33 (Receipt of Bribery by Each Third Party, Selection of Imprisonment), Article 129 (1) of the Criminal Act, and Specific Crimes Aggravated Punishment

Article 4(1) and Article 30 of the Criminal Act and the main sentence of Article 33 of the Criminal Act (the occupation and collection of bribery)

Hargue Selection)

Defendant 100

Articles 133(1) and 130 of the Criminal Act (the fact of offering of a bribe to a third party, the selection of a fine), and the enactment of the Criminal Act

Article 133(1) of the Criminal Act and Article 129(1) of the Criminal Act (the point of offering of a bribe and the choice of a fine)

○ Defendant 00

Articles 133(1) and 130 of the Criminal Act (Selection of Fines)

1. Aggravation for concurrent crimes;

○ Defendant 00

Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (Attachment Aggravated Punishment)

The acceptance of a third party bribe due to having the third party offer of a bribe at the same time as stated in paragraph (9) of Table 1 of the Crime List 1.

Imprisonment with prison labor with heavy penalty for concurrent crimes, and fines prescribed by the Agricultural Cooperatives Act;

B) Concurrently

○ Defendant Kim 00, Park 00

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Period for Acceptance of Bribery with Serious Crimes)

(1) Aggravation for concurrent crimes with Korea

○ Defendant 100

The provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the offering of a bribe heavier than the nature of the crime.

(1) Aggravation for concurrent crimes with Korea

○ Defendant 00

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

The punishment specified in the crime of offering of a third party due to the offering of a bribe for a transfer to another position listed in paragraph (2) of the attached Table 5;

Aggravation For concurrent crimes)

1. Detention in a workhouse (defendant 00);

Articles 70 and 69(2) of the Criminal Act

1. Suspension of sentence:

Articles 59(1) and (2) of the Criminal Act (the imprisonment with prison labor with prison labor for Defendant 00, Defendant Kim 00, Defendant Park 00, Defendant 5

00, west 00

1. The form of suspended sentence;

○ Defendant OO: Imprisonment for 10 months

○ Defendant Kim00, Park 00: Imprisonment for 6 months

○ Defendant 100, west00: Each fine of KRW 5 million

1. Collection (Defendant Kim 00, Park 00);

Article 134 of the Criminal Act

Reasons for sentencing

This case has been conducted without particular awareness between FIFF and agricultural chemicals companies.

Moreover, it is punished on the ground that the overseas travel substitute practices in the outside training name violate the law.

According to the records, such practices of paying overseas travel expenses by agrochemicals companies are not only the agricultural cooperatives of this case.

In addition, it has been made openly to the National Agricultural Cooperative Federation or other item unions;

information may be known.

However, Defendant 00, Kim00, Park 00 did not discontinue such unlawful practices.

In order to boost the morale of sources, the pesticide company's proposal has been accepted and the pesticide company has its employees.

of this case’s travel expenses are paid on behalf of the third party to the crime of acceptance of bribe against the third party

A. In addition, agricultural chemicals companies are also the National Agricultural Cooperative Federation in addition to the Agricultural Cooperatives Federation as seen above.

The overseas travel expenses of the employees selected by proposing overseas travel to another item cooperative;

Defendant 00 on the ground that there was no criminal punishment in relation to this, and there was no criminal punishment;

Kim 00, ParkOOO's acceptance of bribe or bribery to a third party of this case without a large recognition of illegality

The crime seems to have been committed.

As seen earlier, the payment of expenses for overseas travel by agrochemicals companies is legitimate marketing.

It should be deemed that the pesticide company exceeded the scope of its activities, but it shall be such overseas as the pesticide company

The payment of travel expenses is the largest for the promotion of sales of existing pesticides and the supply, public relations, etc. of new pesticides.

It is denied that there are some aspects of marketing activities carried out in favor of artists that affect them.

of the pesticide company, the defendant 100, 100, and 10

In order to promote the sales of pesticides of the company, the offering of this case or the offering of a third party;

In addition, the Defendants did not have any criminal record, in addition to the punishment of a fine, and without any criminal record.

Faithful life has been maintained.

In addition to this point, the status and role of the Defendants in the instant crime, age, character and conduct;

Various kinds of conditions for sentencing, such as the motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc.

The same type as the order shall be determined in consideration of circumstances.

— judges before the presiding judge———————

Judges replacement - - Other

judge assistant attorney defense defense———

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.