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(영문) 광주지방법원 2014.09.17 2014고단2493

농업협동조합법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 14, 2014, the Defendant retired from the election of non-standing directors, who are executive officers of CFF, but were retired in the middle.

No candidate for an election of executive officers of a local agricultural cooperative shall provide money, goods, or other economic benefits, or express an intention or promise to provide such benefits to a member, his/her family member, or an institution, organization, or facility established and operated by a member of the cooperative or his/her family member, or his/her family member, from 180 days before the expiration date

From August 2013, the Defendant, from around August 2013, conducted frequent meal meetings with representatives, such as providing representatives D, etc. with meals, etc., and provided money to representatives on the job. The Defendant decided to pay money to the purport that he would request the support of the representatives of the NAE who frequently observed these meal meetings, and that he would pay money to the representatives of the NAE.

At around 13:00 on February 6, 2014, the Defendant provided KRW 1.20,000 in cash upon the request of the representatives at the time of an election, with the following: (a) in Gwangju Northern-gu, the Defendant informed the representatives of the fact that he provided money, valuables, and entertainment to the representatives at the time of an election; and (b) in cooperation with the representatives at the time of an election, the Defendant provided KRW 1.2 million in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of statutes governing certificates of association members;

1. Article 172 (1) 3 and Article 50-2 (1) of the Agricultural Cooperatives Act concerning the facts constituting the crime;

1. Optional fine;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Code for forfeiture - Circumstances: The defendant reflects the crime of this case, there is no criminal power against the defendant, and since the defendant resigned from the candidate, there is no influence on the election due to the crime of this case, and money and valuables are provided.