In the event that the Defendants did not pay the above fines, the Defendants are confined in the Labor House for a period of 50,000 won converted into one day.

To order the Defendants to pay an amount equivalent to the above fines.

The defendant 1 is not guilty of violating the Fisheries Cooperatives Act due to the request for the provision of non-regular workers among the charges against the defendant 1.

1. Defendant 1

around February 17, 2009, Nonindicted 4 asked Defendant 1, a non-standing director of the small-scale hospital located in Jung-gu Incheon Metropolitan City, which has a great influence on the members of the △△ region, to “I am Do to leave the election for the head of the association”, and Defendant 1 made several calls from February 18, 2009 to February 19 of the same month to Defendant 1, and asked Defendant 4 to “I would like to make a candidate registration if the director does not help but want to do so. I would like to make a candidate registration in the election.” In accordance with the above request by Nonindicted 4, Defendant 1, from February 22, 2009 to March 3, 2009, at the Defendant’s residential area located in Incheon, etc. during the election campaign period of the head of the association, he made a request for Nonindicted 4’s election campaign report to the members of the association or the members of the association in the region of △△ region by telephone or election campaign by the head of the cooperative.

Accordingly, Defendant 1 carried out an election campaign against Nonindicted 4 by taking advantage of the status of non-standing director.

2. Defendant 2

On February 16, 2009, at the ○○○ Fisheries Cooperatives Center located in Incheon (hereinafter omitted), Defendant 2 introduced Nonindicted 2 from Nonindicted 1 to other executives at the time of the association’s establishment in the same place with Nonindicted 2, etc., which was scheduled to be elected as the president of the association, and decided to help Nonindicted 2 get elected in the election of the head of the association by introducing Nonindicted 2 from Nonindicted 1 to other executives, and introducing Nonindicted 2 to the executives he knew or learned while working as a fisheries cooperative officer.

Defendant 2: (a) around 11:00 on February 17, 2009, indicated that Defendant 2: (b) was the non-permanent auditor of Non-Party 5, the non-permanent director of Non-Party 5; (c) Non-Party 4, the non-permanent auditor of Non-Party 4, the members of Non-Party 4 in the vicinity of the coastal head of the Jung-gu Incheon Jung-gu, Incheon; and (d) Non-Party 6, the representative of Non-Party 6, or Non-Party 2, at the coastal restaurant located in the Dong-gu, Incheon at around 14:00, the head of Non-Party 1, the head of Non-Party 1, and the director of Non-Party 2, who was requested by the Ng.

On February 22, 2009, Defendant 2 participated in the production work of Nonindicted 2, who is a candidate for the election of the head of the cooperative at the fiveth floor of the ○○○ Fisheries Cooperatives in Incheon (hereinafter omitted).

Accordingly, Defendant 2 was engaged in an election campaign for the above non-indicted 2 by taking advantage of his status as the non-permanent auditor of the ○○○ Cooperatives and participated in the planning of the election campaign by non-indicted 2.

1. Legal statement of the witness Nonindicted 7, 4, and 1

1. Each prosecutor's interrogation protocol on the Defendants, Nonindicted 1, 2, and 4

Defendant 1: Article 178(1)3 and Article 53(5)1 of the Fisheries Cooperatives Act (the occupation of an election campaign for officers)

Defendant 2: Article 178(1)3 and Article 53(5)1 of each Fisheries Cooperatives Act (the occupation of each executive election campaign)

1. Selection of punishment;

Selection of each fine

1. Aggravation for concurrent crimes;

Defendant 2: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Although Defendant 1 expressed his personal opinion on Nonindicted 4, a candidate for the president of the cooperative, Defendant 1 did not engage in an election campaign against Nonindicted 4 by taking advantage of his status as a non-standing director.

2. Determination

According to the above evidence and Defendant 1’s statement, Defendant 1 was in office as a non-permanent director at ○○○○○ Consultative Office from February 2005 to the present day. Defendant 1 received request from Nonindicted 4 who found Defendant 1’s hospital and consented thereto, and requested support from the members of the association from February 22, 2009 to March 3, 2009 during the election campaign period for the head of the association by making phone calls to the members of the non-indicted 4, and requested support from the non-indicted 4 during the election campaign period for the head of the association to the non-indicted 4. Defendant 1 introduced or offered information about the election situation to the non-indicted 4 during the above election period. According to the above acknowledged facts, Defendant 1 did not accept the above assertion that Defendant 4 and the defense counsel used the status of the non-indicted 4 as an executive officer of the association beyond the individual support opinion on the non-indicted 4 as alleged.

공소외 1은 1995. 6.경부터 2009. 4. 3.까지 ○○수협 조합장으로 재직한 사람으로서, 2009. 3. 4. 실시 예정인 ○○수협 조합장 선거(이하 ‘조합장선거’라 한다)에 출마하여 당선되면 2009. 12.경까지 조합장으로 근무한 후, 그 무렵 2010. 6. 2. 실시 예정인 제5회 전국동시지방선거에서 인천 ◈구청장 출마를 위하여 조합장에서 사퇴할 계획이었다.

From December 2008, Non-Indicted 1 offered a wreath to its members for their congratulationss, etc., and on February 2, 2009, the provision of a wreaths, etc. to the Yeonsu-gu Election Commission (hereinafter referred to as the "Ship") on the ground that it was in violation of the Fisheries Cooperatives Act (hereinafter referred to as the "Water Cooperatives Act") by a person whose name is unknown, as above, was made in the early February 2009, and the investigation was commenced on the ship officer.

On February 3, 2009, Non-Indicted 1 received a report from Non-Indicted 7 and Non-Indicted 8 of the president of the general affairs division from the union without the instruction of the union on the commencement of an investigation into the provision of wreath, etc. at the front of the union. When the head of the Gu is subject to criminal punishment due to the act of offering wreath, etc. after going through the election of the president of the union, the withdrawal of the head of the Gu is anticipated to be difficult, and the result is expected to be reported to Non-Indicted 7, etc. by February 15, 2009, and the result is to be reported to the P.M. by February 15, 2009.

On the other hand, when Non-Indicted 1 gives instructions as above, if it is impossible for the head of the cooperative to take the place of election for the head of the cooperative because it constitutes a violation of the Suhyup Act, Non-Indicted 2 to leave the cooperative as a candidate for the head of the cooperative, and in order for Non-Indicted 2 to win the election for the head of the cooperative, Non-Indicted 1 expressed his intention that the influence of Non-Indicted 9, who was employed as a standing director, on Non-Indicted 9, on the part of Non-Indicted 9, on the part of Non-Indicted 9, on the part of Non-Indicted 9, and on the part of Non-Indicted 1, who is a non-standing director of the △△△ and △△△ (300 members of the cooperative).

Nonindicted 1 instructed Nonindicted 7 et al. to review whether the agreement on the provision of exchange, etc. violates the law, and around February 13, 2009, Nonindicted 1 discussed about the election of the head of the cooperative or the head of the cooperative with Nonindicted 2 and Nonindicted 10 (hereinafter referred to as “Nonindicted 1”), the chairperson of the △△△△ and △△△△ Development Policy Committee (hereinafter referred to as the “△△ Policy Committee”), called Nonindicted 2 and Nonindicted 10 (members) calls to the members of the committee, and called to the Incheon.

At around 20:30 on February 13, 2009, Nonindicted Party 1 opened a meeting with Nonindicted Party 2, etc., and called “Nonindicted Party 2 to inform Nonindicted Party 8 of the fact that Nonindicted Party 2 would have come to an election for the head of the association,” making a phone call with Nonindicted Party 8 while returning to the house, and Nonindicted Party 2 called “the fact that Nonindicted Party 2 would have come to an election for the head of the association.” Nonindicted Party 2 called “the fact that it would have come to be known that it would have come to be known that it would have come to an election for the head of the association,” and that Nonindicted Party 8 said that it would have to go more early to the members.

At around 07:50 on February 15, 2009, Nonindicted Party 1 called Nonindicted Party 7 and consulted with Nonindicted Party 2 and Nonindicted Party 10 on whether the agreement was violated. Nonindicted Party 1 himself was closed to the election of the head of the association, Nonindicted Party 2 was going to leave the association on behalf of the head of the association, Nonindicted Party 2 was already involved in an election campaign in the △△△ measure, and Nonindicted Party 9 was the same for two years due to the election, and the representative general meeting (general meeting for the increase of non-standing directors and re-recommended of standing directors) was prepared to make the president of the association before the election of the head of the association.

In addition, Non-Indicted 1 made his phone call to Non-Indicted 13 and 8 in the area of △△△△, and as seen above, Non-Indicted 13 contacted Non-Indicted 9 with Non-Indicted 13 and transferred Non-Indicted 1’s organ to Non-Indicted 1.

공소외 1은 2009. 2. 16. 09:00경 인천 (이하 생략)에 있는 ○○수협 조합장 사무실에서 공소외 7, 8에게 공소외 2가 조합장 선거에 대신 나갈 것이고, 공소외 2를 위한 선거 전략으로 ① 공소외 9에 대한 상임이사 재추천안의 이사회 동의 및 대의원회 찬반 투표 상정, ② ◇◇ 지역 비상임이사 1명 증원, ▽▽· ◎◎ 지역에 비상임이사 1명을 신규 배정하는 정관 변경안의 이사회 동의 및 대의원회 찬반 투표 상정, ③ 위 이사회는 2009. 2. 23. 개최, 위 대의원회는 조합장 선거 전인 2009. 3. 2. 개최, ④ △△지역 비상임이사인 피고인 1의 아들 공소외 3에 대한 조합장 선거 전 △△지점 비정규직 채용, ⑤ 조합원 공소외 14( ☆☆지역 ♤♤어촌계장을 7년 가량 ◇◇대책위 위원으로 ◇◇· ☆☆ 관광단지 개발의 추진을 위한 사업관리회사인 ▷▷▷의 ☆☆지역 할당 이사)의 아들 공소외 15에 대한 선거 전 ◇◇지점 비정규직 채용을 각 지시하였다.

On the other hand, Nonindicted 9 decided on February 21, 2009 that the term of office was 4 years for Nonindicted 1, 2009, at the meeting of Nonindicted 1, 7, and 8 on January 2009, “in the process of operating surplus funds in 2008, the number of principal and interest was 2.8 billion won, and he was able to resign at the end of his term of office on February 21, 2009. Nonindicted 9 also agreed that the number of non-indicted 1, 200 shares of non-indicted 1, 200 shares of non-indicted 1, 200 shares of non-indicted 2, 200 shares of non-indicted 1, 300 shares of non-indicted 2, 30 shares of non-indicted 2, 300 shares of non-indicted 2, who did not want to be employed by the head of the office before the election for non-indicted 1, 2009, and the number of non-indicted 1, etc.

From February 16, 2009 to 08:00, Nonindicted Party 1 called Nonindicted Party 2 and Nonindicted Party 10 at his own residence in Incheon (hereinafter omitted) to enter the head office of the ○○○○○ Cooperative, by making a phone call to Nonindicted Party 2 and the chairperson of the △△△△ measure. Accordingly, Nonindicted Party 2 contacted Nonindicted Party 16 (non-members) and Nonindicted Party 2 (non-standing members) who are members of the △△△ measure, and Nonindicted Party 10 called Nonindicted Party 2 to the head office of the ○○○○ Cooperative at the same time, and around 10:00.

Nonindicted 1: (a) Nonindicted 2, etc. and four non-standing directors, including Nonindicted 2, etc. and (b) Nonindicted 13 and non-standing directors, who are members of the cooperative, were gathered by Nonindicted 17, the cooperative head; (b) Nonindicted 2, instead, went out of the cooperative head; (c) Nonindicted 7, ordering Nonindicted 18 to distribute the report materials on his going out of the cooperative head; (d) Nonindicted 18, who is the mother of Nonindicted 1, is anticipated to go out of the cooperative head; and (e) Nonindicted 2 and Nonindicted 18, who was a member of the cooperative head office, instructed him to go out of the cooperative head; and (e) Nonindicted 18, who was a member of the cooperative head office.

한편, 공소외 1은 동생인 공소외 18이 2007. 비상임감사 선거에서 자신의 뜻과 달리 출마하여 당선된 일 등으로 인하여 상호 간에 사이가 매우 안 좋았으며, 공소외 7과 공소외 8에게 ' 공소외 18이 조합에 들어오면 다 망한다', ' ◈구청장의 꿈만 없으면 끝까지 싸우겠다'라는 취지의 말을 공공연하게 할 정도였으므로 공소외 18의 출마가 예상된다고 하여 조합장 출마를 포기할 상황은 아니었다.

No one shall provide or promise money, etc. or a public or private post to any elector (including a person eligible to enter in the electoral register before preparing the electoral register, who has joined the cooperative) or his/her family member, with an intention to have him/herself or any specific person elected or not to be elected as an executive officer or representative of a district fisheries cooperative or a specific person, and shall not receive money, etc. or request the provision

Defendant 1 was a non-standing director of the △△△△ Cooperative area from a fishing vessel proprietor, who has a considerable influence on the members of the fishing vessel business operators in △△△ regions, and Nonindicted 1 had an idea to leave the election of the head of the cooperative head in the cooperative.

Meanwhile, around February 2008, Nonindicted 3, who was Defendant 1’s children, was preparing for employment without being employed after graduating from the university. However, on February 2, 2008, Defendant 1 requested the employment of Nonindicted 3, who was a child through Nonindicted 9, but was rejected by Nonindicted 1 on the ground that he could not be employed by his children.

On February 16, 2009, Nonindicted Party 1, at the head of the ○○○ Fisheries Cooperative, located in Incheon (hereinafter omitted) around February 16, 2009, said that Nonindicted Party 2 would be fully engaged in and employment of employees for the purpose of winning an election at the association head at the association head, and Nonindicted Party 7 and 8 would be employed by Nonindicted Party 3 as non-regular workers after deducting from the △△△△△△ branch of the ○○ Fisheries Cooperative, Nonindicted Party 1 instructed the association head to employ Nonindicted Party 3 as non-regular workers.

On the other hand, around February 16, 2009, Defendant 1 transferred to Nonindicted Party 1’s ○○○○○○○ Union employees the way to stop for Nonindicted Party 1’s election campaign. On the same day, Nonindicted Party 2 was called from Nonindicted Party 2 for the election of the president of the cooperative. As such, Nonindicted Party 1 was absent from the time of receiving such phone from Nonindicted Party 2, and Nonindicted Party 2 was aware of the fact that Nonindicted Party 1 was scheduled to stop, and that Nonindicted Party 1 was not the successor.

In addition, around February 17, 2009 and around 14:20, Non-Indicted 1 asked that the non-Indicted 1 would not easily refuse the election due to Defendant 1's request for employment of the children by visiting the partnership head and being hospitalized at the hospital because all the children were hospitalized in the hospital, and the children were extremely in the ○○○ marc, and Non-Indicted 1 approved it.

On February 20, 2009, Nonindicted 1 instructed Nonindicted 7 to re-employment of Nonindicted 3 at the above ○○○○ Cooperative’s office.

On the other hand, Defendant 1 asked Nonindicted 1 to employ Nonindicted 3 as above, and there was a defect in Nonindicted 4’s request that the candidate for the president of the association, who is the head of the same fishing vessel, who was the head of the association from February 19, 2009 to February 20 of the same month, consented to Nonindicted 4’s request for election campaign, and made Nonindicted 4’s election campaign during the period from February 21, 2009 to February 21, 2009, which led to Defendant 1’s finding Nonindicted 1 to support Nonindicted 4.

Nonindicted 1 heard the horses of Defendant 1 as above, and did not proceed with the employment procedure for Nonindicted 3.

Accordingly, Defendant 1 demanded the temporary employment of the ○○○○○○ △△ branch for Nonindicted 3, one of his children (1.2 million won a monthly salary, 1.2 million won a term of office), and demanded Nonindicted 1 to provide a position in the Corporation upon receiving the employment promise from Nonindicted 1 (the part of “Nonindicted 1 and 2,” and “Nonindicted 1, etc.” appears to be erroneous.

2. Determination

A. Details of the elements of establishment

The Fisheries Cooperatives Act (hereinafter referred to as the "Water Cooperatives Act") is stipulated as follows:

Article 178 (Penal Provisions)

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won:

1. A person who participates in an election for public office, in violation of Article 7 (2);

2. A person who conducts an election campaign in contravention of the provisions of Article 53 (1) (including a case where the provisions are applied mutatis mutandis under the provisions of Article 108, 113 or 168).

Article 53 (Restrictions on Election Campaign)

(1) No person shall engage in any of the following conduct, for the purpose of getting himself/herself or any specific person elected, or to be elected, or not to be elected, in an officer or representative of a fisheries cooperative by district:

1. Offering, expressing an intention to offer, or promising to offer money, goods, entertainment, other property benefits, or public or private positions to an elector (including a person eligible to be recorded in the electoral register and who has already joined the electoral register and who has already joined the electoral register or who has filed an application for joining the partnership; hereafter the same shall apply in this Article) or his/her family member (referring to the spouse of the elector, a lineal ascendant or descendant, or sibling of the elector or his/her spouse, and the spouse of a lineal ascendant or descendant, or sibling or sibling of the elector; hereinafter the same shall apply), or to an institution, organization,

2. Acts as provided in subparagraph 1 to a person intending to become a candidate or a candidate, with the intention of making another person not to become a candidate or having another person who has become a candidate resign.

3. Accepting profits or positions prescribed in subparagraph 1 or 2, consenting to an expression of intent to provide such profits or positions, or demanding or arranging the provision thereof.

B. Determination

(1) Whether Defendant 1 had the purpose of getting himself or a specific person elected or getting other person elected or getting other person elected or not elected

First of all, there is no indication in this part of the facts charged that “Defendant 1 had the purpose of getting himself or a specific person elected or getting a person elected at the time of demanding the temporary employment of the ○○○○○ Community Branch for Nonindicted 3.”

(2) Whether Defendant 1 carried out an election campaign

In addition, even if Defendant 1’s act of demanding temporary employment of Nonindicted 3 for the purpose of getting the head of the cooperative supported by Nonindicted 1 to be elected in the election, it appears that this part of the facts charged is not likely to harm Nonindicted 4 as “the purpose of having him elected,” and there is no room to harm Nonindicted 4’s temporary employment of Nonindicted 3 as “the purpose of having him elected,” and there seems to be no room to harm the facts charged, since Defendant 1 was indicted separately by the prosecutor of the election campaign against Nonindicted 4, with the intention of getting him elected in the election, for the purpose of having him elected Nonindicted 2, the head of the cooperative supported by Nonindicted 1, the head of the cooperative, and the head of the cooperative demanded Nonindicted 3 to be employed temporarily from his office for the purpose of getting him elected in the election, in violation of the provision that Nonindicted 2 cannot demand an election for the purpose of getting him elected in the election for the head of the cooperative or preventing his competition in the election for the candidate, even if Defendant 1 stated otherwise in the election campaign.

3. Conclusion

Thus, the violation of the Fisheries Cooperatives Act due to the demand for the provision of non-regular workers among the facts charged in this case against Defendant 1 constitutes a case where there is no proof of crime, and thus, it is not guilty under the latter part of Article

Judges Kim Jong-hun