beta
(영문) 창원지방법원 거창지원 2014.02.19 2013고단313

농업협동조합법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

No one shall carry out an election campaign, other than posting campaign posters, distributing election campaign bulletins, holding joint speeches or public discussions, appeal for support by means of telephone and computer communications, and distributing appeals for support and name cards at an open place where many people pass or gather in connection with an election of executive officers of an agricultural cooperative.

Nevertheless, around 04:00 on June 3, 2013, the Defendant distributed 20 copies of the decision that issued a summary order of KRW 1,00,000,000 to the entrance door of the above party branch of the G Agricultural Cooperative Association, which was conducted on June 4, 2013, from the front road located in G, Gyeongnam Development-gun, to the front road of the F Pharmacy via EFC via EF machines, by placing 20,000 won of the decision, due to the crime of occupational embezzlement.

Accordingly, the defendant carried out an election campaign with the aim of preventing the above H from being elected in a way that is not allowed under the Agricultural Cooperatives Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (the relative investigation of a informant of collection of printed materials and the current status of collection and inducement) and report of internal investigation (referring to attachment of printed video materials);

1. Article 172 (2) 2 and Article 50 (4) of the Agricultural Cooperatives Act concerning the facts constituting the crime;

1. The crime of this case with the reason for sentencing selective punishment of imprisonment for the purpose of preventing the defendant from being elected to the candidate for the election of the president of the association of G agricultural cooperatives. The defendant distributed 20 copies of the summary order decision prior to the 11 year prior to the above election day, which had been issued with respect to the candidate for H, to the party in Eup/Myeon, and the defendant had already been issued two times or more due to the illegal election of the former head of the Gun, and there has been a consensus among the members of the cultivation farmer that the election should be carried out only in any form of election in a legitimate way, even if there is no exaggeration.