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(영문) 청주지방법원 2015.07.03 2015고단740

공공단체등위탁선거에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was elected as the head of the cooperative after going through the election of the head of the cooperative of Korea, which was implemented on March 11, 2015.

No one shall offer, express an intention to offer, or promise to offer money, goods, entertainment, other property benefits, or public or private positions, to an elector or his/her family member, or to an institution, organization, or facility established or operated by an elector or his/her family member, for an election campaign.

Nevertheless, at around 16:00 on March 8, 2015, the Defendant provided money for the election campaign purpose by providing KRW 1 million in total, 500,000,000,000,000 to G, a member of the NA, who was an elector, to “F Real Estate” office located in Yongsan-gu, considerable to the Cheongju City, and to G, a member of the NA, who was an elector.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A copy of each protocol of examination of the prosecution against G, H, I, and J;

1. Application of the Acts and subordinate statutes on the prosecutor's statement concerning G;

1. Subparagraph 1 of Article 58 of the Act on Entrusted Elections such as a relevant legal entity or public organization for an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant, as a candidate for the association head, provided money for election campaign in a clean and fair manner to contribute to the sound development of public organizations, etc. and the development of a democratic society, thereby violating the legislative purport of the “Act on Entrusted Elections by Public Organizations, Etc.” with the aim of contributing to the sound development of public organizations, etc. and the development of a democratic society.

In addition, the crime of this case seems to have affected the result of the election of the president of the association elected by the defendant.

On the other hand, however, the defendant is detained for two months in the instant case, and his mistake is seriously against him, and the defendant is two times in the instant case.