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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. Summary of the grounds for appeal
A. Upon receipt of the list of applicants as stated in paragraph (1) of the judgment below (hereinafter “the list of applicants in this case”) and the list of the committee for verifying morality as stated in paragraph (2) of the judgment below (hereinafter “the list of the committee in this case”), the Defendant did not request C to provide the above list, and C unilaterally transmitted the above list to the Defendant.
B. The Defendant received transmission of each of the above lists without any specific purpose, and the Defendant had a purpose to use them in the process of open recruitment of the I Director.
This does not constitute an illegal purpose because it is for free competition as an applicant for open recruitment procedures.
(c)
The list of the instant commission, which the Defendant received from C on October 9, 2014, was already disclosed at the time, and thus, the Defendant cannot be deemed to have received for any unlawful purpose. The Defendant’s statement of reasons for appeal was made only after the lapse of the period for filing an appeal.
The claim, such as Paragraph 1, was asserted.
We examine this ex officio.
2. The Defendant also asserted the same purport as the above argument in the lower court, and the lower court rejected the above argument on the ground of its determination.
In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court’s determination is justifiable in light of the circumstances revealed by the lower court.
This part of the defendant's assertion is without merit.
A. From September 18, 2014, the Defendant provided and received text messages from September 18, 2014 to November 17, 2014 on the process of the Defendant’s final selection as the I president, response strategies, trends of other supporters, etc.
B. C does not request the defendant to provide a list of the applicants in this Court.