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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (the amount of KRW 700,000) against the Defendant (unfair sentencing) is too unreasonable.
B. Prosecutor 1) In the misapprehension of the legal principle (not guilty portion in the judgment of the court below), the defendant's act of paying the check with the scholarship in his name, the president of the association, as a scholarship, is reasonable, but the decision of the court below not guilty of this part of the charges is erroneous in the misapprehension of legal principle.
2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.
2. Determination of the Prosecutor’s misunderstanding of the legal principles
A. The lower court determined that this part of the facts charged constitutes a case where the crime was not committed, and thus, acquitted.
1) Article 35(5) of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Act”) prohibits the head of an association from making contributions. Article 33(1)1(b) provides that “The act of an entrusting organization providing money or goods that it executes in the name of the entrusting organization in accordance with its business plan and its branch budget in accordance with the pertinent statute or its articles of association, etc.” is “an act of not treating it as a contribution act”.
2) There seems to be no doubt that the Defendant’s payment of the scholarship certificate and scholarship certificate of KRW 1 million to 30,000,000 as stated in the above facts charged at the date and place as stated in the above facts charged, and that such scholarship payment constitutes “the act of providing money executed in accordance with the business plan and budget according to the due diligence, etc.”
3) Ultimately, it is a matter of whether the scholarship certificate stated as "A of the head of the D Livestock Industry Cooperatives Association" is in the name of the association. In general, the name of the representative should be stated in the case of marking a corporation or non-corporate association.
Therefore, it is reasonable to deem that the foregoing indication is indicated in the name of "D Livestock Industry Cooperatives".