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(영문) 대구지방법원 2017.11.10 2017노99
농업협동조합법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) For the following reasons, the lower court found Defendant 1 guilty of the facts charged in the instant case by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

A) The E Agricultural Cooperatives (EFF) has a representative meeting in place of a general meeting and is elected at the above representatives’ meeting. In such a case, “members” subject to the prohibition of contribution under Article 50-2(1) of the Agricultural Cooperative Act should be construed as “members who are representatives” who have the right to vote.

Therefore, the defendant's 63 members of the 63 members of the Jeju Jeju Jeju Jeju Jeju Jeju High District District Court should be deemed to have delivered the Jeju Jeju High District District Court's total amount of KRW 919,600 and made a contribution act.

B) At each time in the management level of customers, agricultural cooperatives, etc., donated gifts in the name of the partnership to customers, internal executives, and other related persons at each year, and the budget required for the said gifts was executed from advertising advertising expenses, which does not constitute a contribution act in the course of performing their duties.

2) The punishment sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) Article 50-2(1) of the Agricultural Cooperative Act provides that “A candidate for an election of executive officers of a local agricultural cooperative, his/her spouse, and an institution or organization to which the candidate belongs shall include a person who applied for membership to the cooperative (including a person who applied for membership to the cooperative) from 180 days before the expiration of the term of office of executive officers.

The same shall apply hereafter in this Article) or any institution, organization or facility established and operated by a member of the family or a member of the family or his/her family, to provide money, goods, or other economic benefits, or to provide them with such benefits.

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