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(영문) 대구지방법원 서부지원 2019.03.27 2018고단2010

농업협동조합법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B’s imprisonment for 4 months, Defendant C’s fine of 4 million won, and Defendant D.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are incumbent directors elected in the election of directors of the FF Association located in Daegu E, which was implemented on January 31, 2018, and Defendant B is members of the same association.

The FF Union announced the election of directors on January 20, 2018, set the period of registration of candidates from January 21, 201 to December 22, 2018, and held the election on January 31, 2018, and four persons, including Defendant A, I, J, and K, were registered as candidates according to the resignation of candidates C, and as a result of the election conducted on January 31, 2018, Defendant A, J, and K were elected as directors.

No person shall express his/her intention to offer money, goods, entertainment, other property benefits, or a public or private position to a person who intends to become a candidate or a candidate for the purpose of making him/her or a specific person elected as an executive or representative of a limited partnership or making another person not to be a candidate resign with the intention of making another person elected or not to be elected.

Defendant

A had been elected as a director without competition when I resigns from among four candidates remaining after C resigned due to reasons such as the provision of money to other representatives in the above election, so I was willing to propose I to resign from the candidate for director on the condition that I would offer money.

Defendant

A around 16:00 on January 26, 2018, around 16:00, the N Hospital located in Daegu M gave Defendant B an additional amount of KRW 5,00,000 to Defendant B, and “I may deliver this money to I upon surrender. I may pay the additional amount of money up to KRW 12,00,000,000,000,000,000,000.” The Defendant B conspired to deliver this money to I by accepting it.

Accordingly, Defendant B gives I a resignation of KRW 12 million or KRW 14 million at the P restaurant located in the Daegu-guO at around 16:40 on the same day.