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(영문) 전주지방법원 2020.01.08 2019고단1437

공공단체등위탁선거에관한법률위반

Text

Defendant

A shall be punished by a fine of 800,000 won, and a fine of 400,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A was in office as the head of the C Association located in the east-gun of North Korea from March 23, 2015 to February 25, 2019, and was elected as a candidate for the election of the head of the C Association at the second time of the election of the head of the 2nd time cooperative implemented on March 13, 2019.

Notwithstanding the fact that the head of an agricultural cooperative under the Agricultural Cooperatives Act is unable to make a contribution during his/her office, the defendant shall not make a contribution every year in the village of the Jeonbuk-gun, Jeonbuk-gun, 2018 and February 18, 2019.

1. 14. He attended the event held in the above village and offered 50,000 won in cash to the head of the pigs fested on the string of the fat.

Accordingly, the defendant, as the head of a cooperative, made contributions to the residents of the above village, who are voters, more than twice.

2. Defendant B was elected as a candidate for the election of president of a cooperative in the second election of president of a cooperative throughout the country on March 13, 2019, which was implemented on March 13, 2019.

A person who intends to become a candidate shall not make a contribution during the contribution-restricted period (from September 21, 2018 to March 13, 2019). However, on February 18, 2019, the Defendant attended E events held in the above D Village, and provided a letter of cash 50,000 won with the head of the pigs 50,00 won flives of the head of the pigs.

Accordingly, the defendant, who intends to be a candidate, made a contribution to the residents of the above village during the contribution-restricted period.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The statement of each police officer made to F and G;

1. He’s written answer;

1. Application of Acts and subordinate statutes attached to the pocket book, a copy of each supporting book, a copy of the E details, a copy of the E-management passbook, a list of electors, etc., and application of evidentiary data, such as the list of voters and E donors, etc.;

1. Article 1 of the relevant Act on Criminal Facts and subparagraph A of the option of punishment: Commissioned elections such as public organizations, etc.;