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(영문) 창원지방법원 마산지원 2015.10.21 2015고단460

공공단체등위탁선거에관한법률위반

Text

1. Defendant A is not guilty. The summary of the judgment against the Defendant is publicly notified.

2. Defendant B is punished.

Reasons

Punishment of the crime

Defendant

B is a person who was a candidate (on the one hand) of the president of the cooperative in the election of G Agricultural Cooperatives (hereinafter referred to as "GFF") within the jurisdiction of Gyeongnam, Gyeongnam, from among the first election of the president of the cooperative of Dong-dong, which was implemented on March 11, 2015.

Defendant

B, at around 07:30 on March 8, 2015, after finding the residence of I located in GFH and presenting 10,000 won (one hundred thousand won in cash) prepared in advance, to the effect that I, a member of GF, as a member of GF, asked I to support him/her, as a member of GF, and 10,000 won (one hundred fifty thousand won in cash) prepared in advance, was expressed to the elector for election campaign.

Summary of Evidence

1. Defendant B’s legal statement

1. Each written statement of I prepared by the police;

1. A list of members;

1. Application of statutes on field photographs;

1. Article 58 (Selection of Fines) subparagraph 1 of the Act on Entrusted Elections such as Relevant Acts concerning facts constituting an offense and a public organization selected to impose a sentence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 48 (2) and (1) 1 of the Criminal Act (Defendant A);

1. Defendant A is a person who was a candidate for the president of the association in the first time of the election of the head of the association of GFF in March 11, 2015, which was implemented on March 11, 2015.

Defendant

A at around 14:00 on March 7, 2015, after finding the residence of K located in the Gyeongnam-J, and requesting K, a member of GF, who is an elector of GF, to support him/her, provided money to the elector for an election campaign by issuing KRW 200,000 (one cash KRW 50,000) prepared in advance.

2. Determination

A. Defendant A asserts that, since the investigative agency, up to this court, “at the time of the investigation agency, there exists any fact in the K’s residence, but no money has been provided to K.”

B. Direct evidence that seems to correspond to the above facts charged has been made between K and investigative agencies, and this court, and the main contents of the above statements are as follows in order of time.