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(영문) 의정부지방법원 고양지원 2015.09.24 2015고단779

농업협동조합법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No head of a regional agricultural cooperative shall provide money, goods, or other property benefits to a cooperative member, his/her family member, or an institution, organization, or facility established and operated by a cooperative member, a member of the cooperative, or a family member.

Nevertheless, on January 1, 2014, the Defendant violated the restriction on contribution act during the term of office of the president of the cooperative, by providing the above agricultural cooperative members and organizations operated by its members, etc. with food of KRW 600,000 and KRW 18,000,00 in cash, as shown in the list of crimes in the attached Table, to the G Seniors Association run by F members of the said agricultural cooperative as the president of the cooperative in Pakistan-si, and by providing them with food of KRW 10,00 in cash and KRW 18,00 in the market price from June 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Each police statement made to F and I;

1. Application of Acts and subordinate statutes to reports on internal affairs, the settlement of accounts of senior citizens' clubs, and copies of accounting books;

1. Relevant Article 172 (1) 3 and Article 50-2 (6) and (1) of the Agricultural Cooperatives Act (Selection of Fine) concerning the facts constituting an offense;

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

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 30 million won;

2. Whether the sentencing criteria are applied: Offenses or fines for which the sentencing criteria are not set small and the sentencing criteria are not set; and

3. There are no circumstances to consider the circumstances leading to the instant crime in which a fine of KRW 700,000 was imposed.

It can not be seen that there is a violation of restrictions on contributions, the size of the contribution act, the fact that the contribution act in this case seems not to have any particular influence on the result of the nationwide election of the head of the Dong-si Cooperative, the fact that the defendant is faithfully living and work, the fact that the defendant is the first offender, the defendant is punished by a fine by the prosecutor.