공공단체등위탁선거에관한법률위반
2019 order 3316 Violation of Act on Commissioned Elections by Public Organizations, etc.
1. President of the Agricultural Cooperative, President of the National Agricultural Cooperative, President of the National Agricultural Cooperative, President of the National Agricultural Cooperative, and President of the National Agricultural Cooperative;
Residential Ulsan
Reference domicile
2. Kim wife, 68 years old, female, and company members; and
Residential Chungcheongbuk
Reference domicile
Macran(s) and Park Jin-Jin(s)
Attorney A and B (for the defendant)
May 14, 2020
Defendant 1’s imprisonment with labor for 6 months and 2 million won, respectively, shall be punished by a fine of KRW 2,00,000. In the event that Defendant Kim Jong-dong did not pay the above fine, the above Defendant 10,000 won shall be confined to the head of the Nowon-gu for the period converted into one day: Provided, That the execution of the above sentence shall be suspended for 2 years from the date this judgment became final and conclusive. The above sentence shall be ordered to pay an amount equivalent to the above fine for Defendant Kim Jong-dong.
Facts of crime
Defendant Jeong Jong-chul was elected by going out of the election for the head of the Dong-si National Agricultural Cooperative, the head of the Dong-si National Agricultural Cooperative, the head of the Dong-si National Agricultural Cooperative in March 11, 2015, and was elected as the head of the Seosan ○○○ - the head of the Seosan Agricultural Cooperative in March 13, 2019, while he was in office as the head of the Seosan ○○ - the head of the Gosan Agricultural Cooperative in March 13, 2019, and the head of the ○○ ○ ○ ○ - the head of the ○ ○ ○ - the head of the ○ ○ ○ ○ - the head of the cooperative in March 13, 2019, and the head of the defendant Kim Jong-si was the head of
Nevertheless, the Defendant, in fact, offered a apology to the members of the above Gosan Agricultural Co., Ltd., designated by the Defendant No. 3, on the account of the Defendant No. 3, the Defendant conspired to deliver it to the sender without entering the name of the Defendant No. 3, while settling the order in lieu of the Defendant No. 1334, Defendant No. 31, Defendant No. 201, Defendant No. 201
Accordingly, around January 14, 2019, the defendant Kim Jong-si purchased 35,00 won per house and 35,000 won per house, from which he purchased YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY, and then, he purchased YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 10,001.
Accordingly, the defendants publicly recruited and contributed to 109 members of the association, respectively.
The summary of evidence (to be omitted)
Application of Acts and Subordinate Statutes
1. The defendants of the relevant law regarding facts of crime: Articles 59 and 35(5) of the Act on Entrusted Elections by Public Organizations, Etc., and Article 30-1 of the Criminal Act
Defendant 3: Selection of Imprisonment
Defendant Kim Jong-soo: Selection of fine
1. Aggravation of concurrent crimes;
Defendant: the former part of Article 37, Article 38(1)2, and Article 501 of the Criminal Act
Defendant Kim wife: Articles 70(1) and 69(2) of the Criminal Act
1. Suspension of execution;
Defendant 1 Agricultural Cooperative: Article 62(1) of the Criminal Act
1. Order of provisional payment;
Defendant Kim Jong-so: Judgment on the assertion of Defendant Kim Jong-so and his defense counsel under Article 334(1) of the Criminal Procedure Act
Defendant Kim Jong-dong and his defense counsel acknowledged the fact that Defendant Kim Jong-dong ordered the sale of gambling as stated in the facts of the crime at the request of Defendant Kim Jong-soo, but they argued that it was not intended to make a donation to members of the High Agricultural Cooperative.According to the evidence duly adopted and examined by this court, Defendant Kim Jong-soo, the president of the cooperative of Dasan, was at the election of the head of the cooperative, and requested the defendant Kim Jong-dong to send a private letter to the person designated by the defendant Kim Jong-dong, the head of the cooperative, and at the request of the head of the cooperative. Even if the defendant Kim Jong-dong et al. did not specifically speak that the person who received the private letter was a member of the cooperative of this Dosan at the time of request of the defendant Kim Jong-dong at the time of this defendant Kim Jong-dong, the defendant Kim Jong-dong's donation and the defendant Kim Jong-dong's contribution to the cooperative of this case, and the defendant Kim Jong-chul's contribution to the defendant Kim Jong-soo and the defendant Kim Jong-soo's relation.
Since the election of the president of a cooperative in a region with the reason for sentencing is likely to damage fair election due to the closeness of the relevant election district, the possibility of congested with electors, the restriction on electors, etc., there is a need to strictize election crimes, such as donation of money and valuables, and the Defendants are not likely to commit the crime of giving property to the members exceeding 10% of all the union members by gambling on the election day. However, the Defendants are not likely to commit the crime of this case by recognizing and opposing the facts that agricultural cooperative members committed the crime, Defendant Kim Jong-gu appears to have caused the crime of this case by request of the father of the punishment, and there is no criminal records, and the Defendants’ age, character and conduct, and environment, etc. shall be determined by the sentence B as ordered against the Defendants.
Judges electrical interest
* * A receiver List, etc. omitted (Receipter List)