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(영문) 인천지방법원 2018.06.22 2017노3655
농업협동조합법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Reasons

1. Reasons for appeal;

A. In light of the legal principles, on March 1, 2015, the preceding day of the instant case, the Defendant was aware that, at the same time in the national simultaneous election of the president of a cooperative, the horse in which the Defendant was a member of the National Federation, who was a member of the election management commission, to donate the gift to the name of the 24 persons who were to be elected for the purpose of election, and the 19 persons among the 24 persons who were to be donated with the destroyed scrap was entitled to elect the executive director of the Defendant. However, on January 21, 2016, the Defendant paid cash to the voters for the purpose of election, and on February 1, 2016, the Defendant again donated the destroyed scrap to the members on February 1, 2016, and thus, the Defendant was found to have provided goods to the members of the association for the purpose of election, the lower court erred by misapprehending the legal principles on the purpose of election.

B. The sentence of the lower court that is unfair in sentencing (in the amount of KRW 900,00,000) is too uncomfortable and unfair.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal by the prosecutor, the provisions applicable to Article 2 (1) of the facts charged of this case, which the prosecutor rendered a verdict of not guilty at the court below, are as follows: “Article 172 (1) 3 and Article 50-2 of the Agricultural Cooperative Act”; and Article 172 (1) 3 and Article 50-2 of the facts charged of this case are as follows; (b) the facts charged were applied for a modified indictment to be changed in exchange as stated below; and since the subject of the judgment was changed by this court’s permission, the court below

(b) A candidate for the election of executive officers of agricultural cooperatives, his/her spouse, and an institution, organization, or facility to which a candidate belongs, from 180 days before the expiration date of the term of office of executive officers to the election day of an institution, organization, or facility established and operated by a member, his/her family member, or an association member or his/her family member, shall provide money, goods, or other economic benefits, or shall express his/her intent to provide such benefits

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