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(영문) 광주지방법원 2015.07.09 2015고단1354

공공단체등위탁선거에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 15:00 as of September 20, 2014, the Defendant called “FF-related KRW 50 billion” to “F-related Party G and D, for the purpose of getting elected, although, on March 11, 2015, E intended to run an election for the president of the AFF, which was scheduled to be carried out on March 11, 2015, either embezzled large amounts of money or incur a large amount of loss.”

Accordingly, the Defendant published false facts with the aim of preventing candidates from being elected in the election of the president of the agricultural cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, D, and H;

1. Application of Acts and subordinate statutes for reporting internal investigation (I search and investigation);

1. Article 61 (2) of the relevant Act on Criminal Crimes and Article 61 (2) of the Act on Entrusted Elections by Public Organizations, etc. Selection of Punishment;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., that E does not want the punishment of a defendant under an agreement with the E only if it is agreed);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;