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All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
A Although the Defendant received printed materials from the people on January 2013 and posted them on trees, the Defendant was well aware of the contents of the printed materials by the Do governor, and the printed materials was a copy of the judgment (the trial record No. 106 of the trial record). Even if the Defendant posted them, the indicated facts are true and are related to the public interest, and thus the illegality is dismissed.
Defendant
B In collusion with H, the Defendant did not distribute printed materials listed in 2. Criminal facts at the time of the original trial, and only he received H and R’s proposal.
Even if the defendant distributed printed materials, the illegality is excluded because the alleged facts are true and related to the public interest.
Judgment
According to the evidence duly adopted and examined by the court below, the following circumstances are recognized:
The summary of the facts indicated in the inducement is that “victim E illegally donated school sites equivalent to 12.5 billion won and caused monetary loss to the owner,” and “victim appointed a large sum of large sum and caused financial loss to the owner intentionally by appointing him/her as a promotion commissioner, and the victim made a contract by borrowing funds of KRW 400 million from the F.”
① On December 20, 201, the victim submitted a letter of commitment to contribute 5,003 square meters to a school extension site. However, the victim presented at the Office of Education the opinion that the school site requires 4,000 square meters, and thereafter presented the opinion that the number of households to be developed needs to be 5,00 square meters again at the Office of Education when submitting a plan to increase the number of households to be developed.
In line with this, there are materials (Article 47 and 48 of the Investigation Records) and the above materials, the matters concerning the supply of school sites shall be determined by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents after the designation of the rearrangement zone.