(영문) 광주지방법원 2014.10.30 2014노927 | 리걸엔진

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(영문) 광주지방법원 2014.10.30 2014노927

농업협동조합법위반

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. On February 17, 2012, the Defendant stated in the public forum of candidates for the president of the Do Agricultural Cooperative (hereinafter “DF”) held in the former G G building (hereinafter “DF”) that “The Defendant told that the Defendant “the Defendant was the Plaintiff, who was not paying dividends to employees,” as indicated in the facts charged, was the Defendant’s “the instant remarks” (hereinafter “instant remarks”).

However, prior to the merger, DF did not distribute to its members from around 2002 to 2004, and only distributed dividends to its employees in around 2005. The bonus to its employees was paid only about 50% at the statutory minimum, but only about 650% at around 2005. ② Around 2005, the Defendant made the instant speech without knowing the fact that DF had distributed dividends to its employees, or did not know that he had paid bonuses to its employees. ③ At the time of the speech, the Plaintiff stated the word “the same” but omitted it as a result of the tension, and in light of such circumstances, the Defendant did not have any awareness of false facts and the candidate’s defamation at the time of the speech.

B. The sentence of the lower court (the fine of 2.5 million won) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendant made a campaign speech at a candidate's public debate held on February 17, 2012 at the DF's public debate held on the candidates for the president of the DF and thereby, F, the counterpart candidate, was aware of the fact that he paid 3% dividends, 650% bonus to its members, and 650% bonus to its employees during the year 2005 when he held office as the president of DF prior to the merger, but it began with 2.87% of the net capital in 2006, overdue payments, deposits, and payments difficult. The dividends made it difficult for FF to make it difficult for its employees to pay the bonus. Six years after the FF was merged with DF and EF.”

B. The lower court’s judgment is based on the evidence duly adopted and examined.

유사 판례

-광주지방법원 2013.04.12 2012노2475

-광주지방법원 해남지원 2012.11.21 2012고단194

-대법원 2014.04.24 2013도5304

-창원지방법원 진주지원 2015.06.24 2015고단360

-대법원 1976. 6. 22. 선고 76다439 판결