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(영문) 창원지방법원 통영지원 2015.07.02 2015고단441

공공단체등위탁선거에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 800,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are the members of E fisheries cooperatives (hereinafter referred to as “EF”), and are the voters of the first time of the election of the head of the National East City Cooperative (hereinafter referred to as “EF”), which was implemented on March 11, 2015.

No one shall offer, express an intention to offer, or promise to offer money, goods, entertainment, other property benefits, or public or private positions to any elector (including a person who is eligible to enter in the electoral register before preparing the electoral register), for the election campaign, and no one shall receive, or promise to offer, such benefit or position.

1. On March 5, 2015, Defendant A requested the support of 18:30,000 won (50,000 won) in cash to the head of the Epic association for the purpose of an election campaign, and provided the Epic 10,000 won (50,000 won) in cash to the private village B in front of B’s residence located in F. G, G, G, the same kind of son and the head of G, who has affixed this king,” and the head of Epic association for the purpose of an election campaign.

2. Defendant B was provided with cash 10,000 won (50,000 won) upon receiving the request from the above Party A for election campaign for the purpose of election campaign, which is the birth partner of the same relationship with him at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Seizure records;

1. Application of each member's certificate, a certified copy, an appraisal report, the electoral register, and other statutes;

1. Defendant A of the relevant Article on criminal facts: Subparagraph 1 of Article 58 of the Act on Commissioned Elections by Public Organizations, Etc. (A) Defendant B: Subparagraph 3 and 1 of Article 58 of the Act on Commissioned Elections by Public Organizations, etc. (A receipt of money for the purpose of an election campaign);

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

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act (Defendant B) is committed.