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(영문) 전주지방법원 2011.09.30 2011노76
신용협동조합법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The court below convicted the defendant as to this part of the facts charged, which is erroneous in the misunderstanding of facts or in the misapprehension of legal principles (1) that the defendant provided a gambling and gambling to the members of the military CFC (hereinafter "CF") on the provision of gambling as stated in paragraph (1) of the facts charged in the judgment of the court below, is an ordinary act and cannot be viewed as an objective of election.

(2) misunderstanding of facts as stated in Paragraph (2) of the crime of the court below, or misunderstanding of legal principles as to the promise to repay obligations on behalf of a member of the National Federation on behalf of a member of the National Federation is merely an expression of intention to offer general money and goods, but the defendant's above act was a process of requesting the recommendation of the defendant to Q Q, etc., which was a director of the New Consultative Council, to the arche Committee established for the election of a member of the National Assembly at the time. Thus, it should be judged differently from the application of the public election law in general public election law. The amount should be limited to KRW 48 million out of the amount of compensation 66.5 million for which Q, etc. received an order to compensate from the National Federation of the National Federation, but the court below convicted the defendant as stated in the judgment of the court below as to this part of the facts charged, which affected the conclusion of the judgment.

B. In light of the degree of illegality of the defendant's illegal sentencing, the number of votes obtained by the defendant, and the trust of the members of the CFC against the defendant, etc., the sentence of the court below is too unreasonable.

2. The summary of the facts charged in the instant case is the person who was elected as the president in the election of the executives of the CFF on February 20, 2010.

A gambling service is provided to the members.

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