beta
(영문) 대전지방법원 홍성지원 2015.08.13 2015고단246

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

The Defendant is a person who was elected as the president of the E- Forestry Cooperatives on March 11, 2015 and was appointed as the president of the Association on March 23, 2015.

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

Nevertheless, at around 10:30 on April 2, 2015, the Defendant made a contribution while in office, while the former president of the E Forestry Cooperatives said that “F is a member of the E Forestry Cooperatives” in the F’s car, and delivered cash of KRW 3 million.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 59 and Article 35(5) of the Act on Entrusted Elections (Selection of Fines) for the crime committed by the pertinent legal entity, public organizations, etc. (see, e.g., Supreme Court Decisions 2009Do13868, Apr. 29, 2010; 2009Do13868, Apr. 29, 2010) asserts that the criminal intent of the crime should be avoided as long as the defendant was not aware of the act identical to that stated in the facts charged. In light of such legal principles, Article 16 of the Criminal Act provides that “When the act of the defendant misleads the misunderstanding that his act was not a crime under Acts and subordinate statutes, it shall not be punishable only when there is a justifiable reason for misunderstanding.”