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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. The summary of the facts charged in the instant case is as follows: “The defendant was appointed as the president of C, who is subject to the disclosure obligation among persons liable for registration of the public official’s property on March 27, 2008, and the defendant’s spouse D (the facts charged at the time of the first indictment; hereinafter “original charges”) or D’s name (the selective facts charged; hereinafter “the selective facts charged”) in which the defendant actually owns, within one month, the defendant’s spouse D (the primary facts charged at the time of the first indictment; hereinafter “the primary facts charged”) sells 40,000 shares (the face value per share, KRW 10,000 per share, total KRW 40,000) or entered into a contract on the blind trust of stocks of the instant case, but on April 2008, the above shares are held in trust with F, and thus the grace period has not been sold or trust without justifiable grounds.”
2. Determination of the original facts charged
A. The principle of no punishment without the law requires that a crime and punishment shall be prescribed by law in order to protect individual freedom and rights from the arbitrary exercise of the state penal authority. In light of such purport, the interpretation of penal provisions shall be strict. It is not permitted to excessively expand or analogically interpret the meaning of the express penal provisions in the direction unfavorable to the defendant as it is against the principle
(See Supreme Court en banc Decision 92Do1428 delivered on October 13, 1992, and Supreme Court Decision 2003Do6535 delivered on February 27, 2004, etc.) B.
Article 24-2 and Article 14-4 (1) of the former Public Service Ethics Act (amended by Act No. 9402, Feb. 3, 2009; hereinafter referred to as the "Public Service Ethics Act") have instituted a public prosecution against the original facts charged by a prosecutor. Article 24-2 of the Public Service Ethics Act has violated Article 14-4 (1) without justifiable grounds.