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(영문) 서울남부지방법원 2019.05.30 2018노741
새마을금고법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 1,00,000) imposed by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

The lower court determined that each of the violation of the Community Credit Cooperatives Act against the Defendant was in a mutually competitive relationship.

However, according to the evidence duly adopted and examined by the court below, the defendant can first provide money and valuables to H and then recognize the fact that he provided money and valuables to G (in the indictment, the time of crime is stated at 14:00, but there is a difference in the actual time of crime). Thus, each crime of violation of the Community Credit Cooperatives Act against the defendant is in a substantive concurrent relationship.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the relation of acceptance of crimes in violation of the Community Credit Cooperatives Act, which affected the conclusion of the judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Acts and subordinate statutes concerning criminal facts, the choice of punishment, and Articles 85 (3) and 22 (2) 1 of the Community Credit Cooperatives Act, Article 30 of the Criminal Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is about the voting of election representatives in the election of the chief executive officer of community credit cooperatives.

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