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(영문) 광주지방법원 2018.11.15 2018고단3006

농업협동조합법위반

Text

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

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

Reasons

Punishment of the crime

No person shall provide money, goods, entertainment, or other property benefits to a cooperative member, his/her family member, or an institution, organization, or facility established and operated by a cooperative member, his/her family member, or an association member or his/her family member, for the purpose of having him/her or a specific person elected as an executive of a local agricultural cooperative, and no candidate for an election of an executive of a local agricultural cooperative shall provide money, goods, or other property benefits to a cooperative member, his/her family member, or an institution, organization,

The Defendant was elected from “B-Non-Standing Director Election” (hereinafter “instant election”) implemented on February 8, 2018 as a candidate.

1. On February 1, 2018, the Defendant: (a) around February 1, 2018, placed a 30,000 won early one box in the front of Gwangju Mine-gu, Gwangju, a representative who has the right to vote in the instant election, for the purpose of winning the election in the instant election; and (b) made a call to C on February 7, 2018; and (c) made an early winner in the front of his/her birth and house, and (d) made a call to C with the head of the relevant Si/Gun/Gu, with the intention of making him/her win

“.....”

2. On February 13, 2018, the Defendant conspired with E for the purpose of winning the instant election, and, through E on February 2, 2018, caused F, a representative who has the right to vote in the instant election, and G, to enter a single restaurant with the name of “I” on the 1st floor of the building located in Pyeongtaek-gun Nam-gun, Nam, and provided them with food equivalent to KRW 28,00 (settlement amount to KRW 56,00).

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol of examination of the suspect against each part of the defendant by the prosecution (including each part of the statement ofC, E, and F);

1. The part concerning the statement by each police officer against J, F, C, E, G, and K (including sub-sub-sub-sub-sub-sub-constation) and the statement by C in the second police interrogation protocol against the defendant;

1. Public announcement on elected persons;

1. The investigation report (referring to the report submitted by the F for reference);