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(영문) 대구지방법원 서부지원 2019.09.27 2019고단1748

공공단체등위탁선거에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 11, 2015, at the first election of the head of a cooperative at the same time, the Defendant was elected as a candidate for the head of a cooperative at B (hereinafter referred to as “the above forestry cooperative”) and was selected on March 13, 2019, which was implemented on March 13, 2019.

1. No head of a cooperative under the Forestry Cooperatives Act who violates a prohibition on contribution shall make contributions to an institution, organization, or facility established and operated by an elector or his/her family members while in office;

On May 2018, the Defendant received a promise from C(D) affiliated with C(State) to deliver eco-friendly lodging facilities produced in accordance with the operation and management service contract for sewage sludge treatment facilities with E-Gun to the place at which the Defendant requested, and had the Defendant thought to provide its members with eco-friendly lodging facilities.

On November 1, 2018, the Defendant: (a) received a request from a member of the relevant forestry cooperative to send eco-friendly lodging to F; (b) contacted D on the same day; (c) requested D to communicate the volume and address of eco-friendly lodging to F; and (d) requested D to send it; (c) requested D to F to use freight cars to deliver 30 tons of eco-friendly lodging at the market price (production cost of KRW 3,648,090) with an eco-friendly lodging of 30 tons (1,500 tons) at the market price; and (d) made contributions on three occasions, such as the attached Table 1, to electors.

2. An advance election campaign and door-to-door election campaign may be conducted only from the day following the deadline for the registration of candidates to the day preceding the election day, and no one shall visit each elector door for an election campaign;

The second nationwide election of the head of a cooperative is held on February 27, 2019 and March 13, 2019 after the candidate registration is closed. Therefore, an election campaign may be conducted from February 28, 2019 to March 12, 2019. < Amended by Act No. 16374, Feb. 28, 2019>

Nevertheless, the Defendant around January 27, 2019, prior to the election campaign period, around 13:00.

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