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(영문) 창원지방법원 밀양지원 2014.05.22 2013고단656

농업협동조합법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who works as the team leader of the NAF in the NAFE.

No person shall request a public or private person to provide a public or private position for the purpose of having him/herself or it elected as an executive or representative of a local agricultural cooperative.

Nevertheless, on October 4, 2013, the Defendant carried out an election campaign by sending a text message that “F (the incumbent director of the DF) sent to the candidate for non-standing director-general in the election of DF executive director-general who was carried out on the same date and at the same time to be elected to the standing director-general, to the Defendant’s model G, who was sent to the candidate for non-standing director-general in the election of DF director-general, to the Defendant’s mobile phone, and sent the text message to the Defendant to assist F through the above G. Around July 29, 2013, using the Defendant’s mobile phone at an irregular place at around 21:30, the Defendant’s mobile phone at around 21:30, “DF to run the same day” (21:32), “DF as H” (21:35) and “H” (21:40) and sent the text message to the 3rd session.

Accordingly, the defendant demanded F to provide F with a public office for the purpose of getting F to be elected as an executive of the NAF.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning each prosecutor's office concerning G, F, and I;

1. Each protocol of prosecutorial statement concerning J, K, L, M, N,O, and H;

1. Each protocol of seizure;

1. Each report on investigation;

1. A complaint;

1. Inquiries into questions of the public announcement of recruitment of standing directors and respective communications data;

1. Application of each statute on photographs;

1. Article 172 (1) 2 and Article 50 (1) 3 and 1 of the Agricultural Cooperatives Act, the choice of applicable law to facts constituting an offense, and the choice of fines;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order interferes with fair competition among the candidates and distorted election results in the election of a standing director having authority over overall regional agricultural cooperatives.