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(영문) 대구지방법원 2014.03.14 2013노2076 (1)
새마을금고법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. In relation to Paragraph 1 of Article 1 of the Judgment on the Summary of Reasons for Appeal, the contents of the Defendant’s inducement are not false, and thus false facts are not disseminated.

2. Before the judgment on the Defendant’s ground of appeal on the ground of ex officio determination, the Prosecutor applied for changes in the indictment to the effect that the part of Paragraph 1 of the facts charged in this case, which spreads false facts about the candidate, was slandered by openly pointing out facts about the candidate, and the court permitted the changes in the subject of the judgment, and thus the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

The defendant's assertion of mistake of facts was excluded from the subject of the judgment of the court.

Criminal facts

1. No person who violates the Community Credit Cooperatives Act shall disseminate any false fact with respect to a candidate, or defame him/her by openly pointing out any fact, with intent to have him/herself or a specific person elected as an executive of a credit cooperative or lose his/

On February 16, 2012, at the port post office located in the south-gu Dong-dong at the port on February 16, 2012, the Defendant purposeed to prevent D from being elected, a candidate for the election of the president of the Korea Saemaul Bank, which will be held on the 20th day of the same month, by openly pointing out facts about D by sending 50 copies of printed articles containing “D, while holding office as the president of the Korea Saemaul Bank, sold its property to the Korea Saemaul Bank at low prices, which shall not become the president of the Korea Saemaul Bank.”

2. On February 20, 2012, the Defendant interfered with his/her duties: (a) at the third floor conference room of the C Saemaul Fund, located in the north-gu, Northern-si, Chungcheongnam-si on February 20, 2012.

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