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(영문) 대전지방법원 홍성지원 2015.10.23 2015고단596

공공단체등위탁선거에관한법률위반

Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

From March 1, 2012 to March 1, 2012, the Defendant is a person who works as the president of the National Agricultural Cooperative of Boli-si (hereinafter referred to as the “Seoul National Agricultural Cooperative”).

No head of an agricultural cooperative under the Agricultural Cooperatives Act shall provide money, goods, or other economic benefits, express an intention to provide such benefits, or promise to provide such benefits, to a cooperative member, his/her family member, or an institution, organization, or facility established and operated by the cooperative member, his/her family member,

Nevertheless, from September 25, 2014 to the next day, the Defendant provided meals of an amount equivalent to KRW 40,000 per capita at “N” restaurants located in G in G in G in Jin-si M, under the name of “E” to F, G, H, I, J, K, and L 7, who are the spouse of executive officers of DF, and provided them with transportation and accommodation equivalent to KRW 213,147 per capita, and provided them with transportation and accommodation facilities equivalent to KRW 1,72,029 per capita, as a total.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Contents DFE (2010 to 2014);

1. Copy of card receipt; and

1. Application of Acts and subordinate statutes on the copy of the Notarial document No. 2014

1. The defendant and defense counsel of Article 59 and Article 35(5) of the Act on Entrusted Elections (Selection of Fines) concerning facts constituting a crime do not constitute a contribution act, since the disbursement of facts constituting a crime falls under an official act or a formal act as well as a corporate card, and therefore, they do not constitute a contribution act, and even if they fall under a contribution act for domestic affairs, they claim that the act constitutes a legitimate act or

Article 32 of the Act on Entrusted Elections, such as Domins and Public Organizations, defines a contribution act as an act of providing money, goods, or other property benefits to voters or their families, etc., except for an act in relation to duties, courtesy, etc. in Article 33, and make a contribution while holding office in the head of a cooperative under Article 35 (5).