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(영문) 광주지방법원 해남지원 2012.11.21 2012고단194
농업협동조합법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

D Agricultural Cooperatives and Nonghyup AF were merged on March 2006 and DF was merged. The F was a person who was in office as the head of DF prior to the merger from February 5, 2005 to March 23, 2006, and the Defendant was in office as the head of DF after the merger from March 2006 to March 23, 2006, and the Defendant and F were registered as a candidate for DF election for the head of DF, which was conducted on February 21, 2012.

No person shall defame a candidate by publishing a false fact by means of a speech, poster, or any other means in connection with an election of executive officers or representatives of a local agricultural cooperative or by openly stating a fact.

Nevertheless, at around 14:00 on February 17, 2012, the Defendant made a campaign speech at a public debate for the candidate for the president of the association held in the previous G G G building, and the Defendant was aware of the fact that the F had paid 3% dividends to its members and 650% bonus to its employees in around 2005, which was held by the president of the Korea Agricultural Cooperative prior to the merger, but the Defendant began with 2.87% of the net capital in 2006, with the knowledge of the fact that the F had paid 650% bonus to its employees. It was difficult to make it difficult to pay dividends to its employees. It was said that the said agricultural cooperative and the said agricultural cooperative, which did not grant employees bonus, were merged with DF and EF.

Accordingly, the Defendant published false facts and slandered the FF.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F and H;

1. Details of dividends paid to members and rate of payment of employee bonuses;

1. The details of the public debate;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 1 and 8 of the Addenda to the Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 31, 2011); Articles 172(3) and 50(3) of the former Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 31, 2011) concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant is dissatisfied with this.

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