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(영문) 대구지방법원 김천지원 2015.11.04 2015고단625

공공단체등위탁선거에관한법률위반

Text

Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who was elected as the president of the Agricultural Cooperative in the first election of the head of the National Agricultural Cooperative in March 11, 2015, which was implemented on March 11, 2015. Defendant B is a member of the said Agricultural Cooperative, Defendant C is a member of the said Agricultural Cooperative, and Defendant C is a person who was registered as a candidate for the head of the said election in the said election.

Except in cases where a candidate conducts an election campaign pursuant to the provisions of any candidate, no one shall commit an act in order to make another person be elected or to make another person be or not to be elected in any way.

Nevertheless, the Defendants conspired to keep the president of the above cooperative from being elected, and to send the audit report of the above agricultural cooperative, made up of the contents unfavorable to F in order to have Defendant A elected, to the members of the cooperative.

Defendant

B As an auditor of the said Nonghyup, the G Project Audit Report of the 2015 EFFI, which constitutes a negative content with respect to the operation of the partnership head, unlike the previous audit report;

1. Issues in the purchase of G business;

2. Issues in the G business sales markets; and

3. Issues in the fair trade;

4. Issues of examination of credit sales places; and

5. Issues on the measures following the occurrence of the case, (a) the opinion of the Auditor - When considering the overall circumstances of the case, it is thought that the responsibility of the president of the association is the largest, and thus, the heavy disciplinary action (e.g., dismissal, suspension of duties, suspension of duties, full change) has to be taken, but it is too minor disciplinary action has been taken against some directors as they did not distinguish their public opinions and will.

After preparing Eul, in collusion with Defendant C and A, who was the position of opposing the president of the Pyeongtaek F Partnership, planned to be registered as a candidate for the president of the partnership, around 16:00 on February 8, 2015, Defendant C’s son’s son’s son’s son’s son’s son’s act of sending the Defendants’ audit report using computers.