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(영문) 대전지방법원 2016.06.01 2015노4037
농업협동조합법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's act of this case is an act in the duties prescribed in Article 50-2 (2) of the Agricultural Cooperative Act, or an act in the manner of courtesy, not an act in the manner of donation.

Even if such act does not violate social rules, it is not illegal.

In addition, the defendant does not include the restriction on contribution act of this case.

Recognizing that it was believed and there was a justifiable reason to believe that it constitutes a mistake in law.

However, the lower court found the Defendant guilty on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

B. The Prosecutor’s sentence of the lower court (the amount of KRW 900,000) is too unhued and unreasonable.

2. Determination

A. The lower court’s determination as to the Defendant’s assertion 1) 1. The lower court determined that ① in the 2014 business plan and revenue and expenditure budget approved by the general meeting of the Korea Agricultural Cooperatives C (hereinafter “CF”) the payment of c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c.

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