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(영문) 대구지방법원 포항지원 2015.09.10 2015고단540

공공단체등위탁선거에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From May 1, 2008 to March 20, 2015, the Defendant was in office as the head of the Cagricultural Cooperative Association located in B in Northern-si, Mapo-si, Mapo-si, and went out on March 11, 2015, and went out in the election of the head of the cooperative.

A candidate (including a person who intends to be a candidate) shall not make a contribution from 180 days before the expiration date of contribution-restricted period to the election day, and the head of an agricultural cooperative shall not make a contribution during his/her term of office.

Nevertheless, on February 9, 2015, the Defendant, during the contribution-restricted period, purchased 10 knife agricultural cooperatives located in Young-gun, Jeonnam-gun (a total of 800,000 won), and made a contribution by using 10 knife, one of the ten members of CF, E, F, G, H, I, K, K, L, and M, an elector of the cooperative president on February 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement about G, K, and H;

1. Statement made to D by the police;

1. Each statement of J, L, M, E, F, and I;

1. Submission of data on the list of members;

1. Application of Acts and subordinate statutes to report internal investigation (the type of mining expense sets purchased by the A and confirmation of the amount of mining expense) and investigation report (the telephone conversations of the receiver of mining expense).

1. Articles 59, 35 (1) (the occupation of a contribution act during the period in which it is restricted for contribution), and 35 (5) (the occupation of a contribution act during the period in which it is restricted for the head of a cooperative) of the Act on Entrusted Elections for facts constituting an offense;

1. Trade concurrences, choice of punishment, and Articles 40 and 50 of the Criminal Act (Article 40 and Article 50 of the Act on Commissioned Elections due to Contribution during the period subject to each contribution-restricted period and punishment for each crime committed in violation of the Act on Commissioned Elections by Public Organizations, etc. due to Contribution during the period subject to the heavier contribution-restricted period among the crimes committed by the heads of cooperatives shall be punished, and selection of each fine shall be

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.