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(영문) 수원지방법원 안양지원 2017.10.17 2017고정104

무고등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who was the president of the subdivision of the C Association, and the victim D shall be the chairperson of the said Association.

The foregoing Association was scheduled to elect the president on March 22, 2016, and the election of representatives who choose the president of the Association was carried out by means of mail voting, etc. from January 4, 2016 to January 25, 2016.

Defendant sent letters, such as requesting a specific person to cast his vote during the election period, and was subject to disciplinary action for two months from the disciplinary committee of the Association around January 18, 2016 on the ground of violation of the duty of neutrality in election.

1. On February 19, 2016, the Defendant submitted a written accusation of “C Association president’s complaint and request for measures against D illegal acts” to the public service center of the Seoul Central District Public Prosecutor’s Office.

The above accusation statement "D, the president of the C Association, was sent to the Disciplinary Committee on January 15, 2015 (Many clerical error in January 15, 2016) in relation to the referral of the complaint to the Disciplinary Committee by the complainant A due to his/her breach of duty of neutrality of election.

In addition, according to the end of the director E, who is a director of the Association in relation to the above election of representatives of the Association, there was a statement that "the G vice head of F in the former Do located in the former Do, by involvement of the D Chairperson, collected 48 staff members voting papers at the direction of H representative, and used them unlawfully, and punished by interference with business by force, etc. by obstructing the election of representatives of the Association."

However, around January 15, 2016, D did not have ordered the Defendant to dismiss the members of the Association Disciplinary Committee, and E did not say that “D director involved in D Chairperson and used 48 employees illegally for the election of representatives of the Association by gathering 48 representatives voting papers through the former Vice-President of GF located in the former State,” or that D did not have any fact by gathering blank voting through G and H, and used them for the election of representatives.

Nevertheless, the defendant is false for the purpose of having D receive criminal punishment.