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(영문) 부산지방법원 2016.11.09 2015고단3349
새마을금고법위반
Text

Defendants are innocent.

Reasons

1. The summary of the facts charged is from around 1991 to around 191, Defendant A, who was in office of the H community credit cooperative president in Busan Northern-gu, and was elected on February 5, 2015. Defendant B, as a director of the above community credit cooperative, went out to the election of the vice-chief director who was carried out on the same day.

No one shall offer money, valuables, entertainment, other property benefits, or public or private positions to members for the purpose of having him/her elected as an executive of a credit cooperative, and shall not receive such benefits or positions, accept an offer of such benefits or positions, or request such offer.

1. Defendant A, with the knowledge that, prior to the merger between H Saemaul Fund and I Saemaul Fund, he had served as the president of the I Saemaul Fund, he could exercise his influence over the representatives of H Saemaul Fund I residing in I, and he had the mind to offer money and valuables to B in relation to the election of the president of H Saemaul Fund.

On January 31, 2015, at around 19:30 on January 31, 2015, the Defendant, within the Defendant’s vehicle parked in front of the J apartment 206 Dong Guard room in Busan Northern-gu, the Defendant, “a request for use against I representatives”, and 2 million won in cash.

Accordingly, the defendant provided money and valuables to the members B for the purpose of winning the president of the community credit cooperatives.

2. Defendant B: (a) around 19:30 on January 31, 2015, around 19:30, the Defendant received cash KRW 2 million from Defendant A.

As a result, the Defendant received money and valuables for the purpose of getting A to be elected as the president of community credit cooperatives.

2. Determination

A. From January 31, 2015 to this court, Defendant A consistently denied Defendant B’s “a request for use against I’s representatives” and a cash of KRW 2 million.

On the other hand, Defendant B made a confession in accordance with the facts charged in the instant case.

(b).

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