The prosecutor's appeal is dismissed.

1. The defendant, at the time of filing the appeal, holds a general meeting of the farming association immediately before the registration period for the candidate for the election of the president of the association partially as the president of the association, attend a general meeting of the farming association to publicize the performance of the projects currently in progress and the future project plan. This applies to election campaign by taking advantage of his/her status,

2. The president of the association can actively publicize the business conducted by the association to its members and encourage them to join the association. Therefore, in order to determine whether the incumbent president’s remarks made while performing his/her duties constitute an election campaign for the next election of the president of the association, it shall be determined whether the pertinent remarks fall under an election campaign beyond the scope of ordinary business performance as the president of the association, by comprehensively taking into account not only the contents of the pertinent remarks, but also the purpose, place, details and context of the remarks, etc. of the relevant law, and not

According to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, it is difficult to view that the Defendant reported the business during the process of performing ordinary duties to the members of the association and advertised them to join the association, or announced their election campaign promises. As such, it is difficult to view that the Defendant escaped from the scope of performing duties as the president of the association and cannot be deemed to constitute an election campaign when it is not an election campaign period prohibited by the Act on Election

1) At the time of the instant case, the Defendant was the president of the G Agricultural Cooperative (hereinafter “CF”) and the president of the agricultural cooperative was the head of the agricultural cooperative. The head of the agricultural cooperative collected members of each business from its members and held a general meeting of the agricultural association and attended a meeting to report on the business. The instant remarks were also conducted in the course of reporting the settlement of accounts and promoting the business in 2015.

2) The Assembly of the Agricultural Council shall by the year 2009.