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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 500,000 won.
Defendant
A.
Reasons
1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) a series of acts of lending money to I by soliciting I to leave the F Livestock Industry Cooperatives (hereinafter “instant Cooperatives”) as a director, constitutes an election campaign by taking advantage of his status.
Although the court below found the Defendants not guilty, the court below erred by misunderstanding the facts or misunderstanding the legal principles.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the facts charged against the violation of the Agricultural Cooperatives Act by the election campaign for which the prosecutor was found innocent in the court below for the first time in the trial, shall be maintained as the primary facts charged. Defendant B promised to lend KRW 25 million to I in collusion with the defendant for the purpose of meeting the requirements for the registration of the candidate for the director, Defendant B promised to lend KRW 25 million to I on September 5, 2013, and Defendant A transferred KRW 10 million on September 6, 2013 to each I in order, and Defendant A provided the members with property benefits during his/her office.” The following facts are added to the facts charged: “The head of the regional livestock cooperative provided the members with property benefits during his/her office.” The applicable provisions of the Act added Article 172(1)3, 107, and Article 50-2(6) of the Agricultural Cooperatives Act to the applicable provisions of the Act, and thus, the amendment of the indictment becomes no longer possible.
However, there are such reasons for ex officio destruction.
Even if the prosecutor's argument of mistake of facts or misapprehension of legal principles on the primary facts is still subject to the judgment of this court, it is examined.
3. Judgment on the grounds for appeal by the prosecutor against the primary facts charged
A. Defendant A is the president of the instant association located in Gangwon-gun E, Gangwon-gun, and Defendant B is the occupant of Gmaart shop belonging to the instant association.
The instant association is existing as of August 26, 2013.