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(영문) 부산지방법원 2017.01.20 2016노3073
새마을금고법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that Defendant D’s mistake of fact was alleged S, T, U’s meal and calculated a ceremony of 13,00 won per person, is a simple meeting irrelevant to the election, and thus, it did not offer entertainment for the purpose of being elected as the vice-chairperson of the Saemaul Treasury.

B. The sentence sentenced by the lower court against Defendant B, Defendant B, and Defendant D (Defendant B: a fine of KRW 1.5 million, Defendant D: a fine of KRW 800,00) is too unreasonable.

2) Each sentence (Defendant B and C: a fine of KRW 1.5 million; Defendant D: a fine of KRW 800,000; and Defendant E: a fine of KRW 500,000,000) that the lower court imposed on the Defendants is too uneased and unreasonable.

2. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the defendant D's assertion of mistake of facts. i.e., "T consistently stated that the above defendant's wife, who is the husband, expressed that the above defendant's wife would have asked the above defendant's wife to leave the president's election in the above defendant's meal space." ② The plaintiff, T, and U attending the meal space are the representative of the Saemaul community credit cooperative with all voting rights; ③ T is in contact with S and there was no relationship with the above defendant's wife, and there was no relationship with the above defendant's wife, and there was no reason for the above defendant's wife's wife's contact with T, and there was no special circumstance that the above defendant's wife had to take meals together, ④ there was no talk about the election in the meal space.

However, R statements, since the above defendant's wife and S and U are related to R, it is difficult to believe their statements as they are. ⑤ The above defendant, from the police investigation to the end of March 2015, stated that he left the Saemaeul Cooperative election campaign in the middle and after the end of March, 2015, he did not make a decision on the passage of the election at the time of meal, and did not make a decision on the passage of the election at the beginning of April 2015.

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