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(영문) 광주지방법원 순천지원 2016.01.29 2015고단1060 (1)

농업협동조합법위반

Text

Defendant

A Imprisonment for 6 months, and Defendant B shall be punished by a fine of 900,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

B, the 6th E executive director election independently and passed the resolution of the board of directors on February 3, 2015, but on February 13, 2015, the person was a person who failed to vote at the representative meeting on February 13, 2015, and Defendant A was the son of Defendant B’s hand.

1. On January 31, 2015, Defendant B found the E director G farm located in 10:30,000, and told Defendant B to the effect that “this would have been passing through the board of directors because he had been going to the election of the standing director.” In addition, Defendant B, from January 25, 2015 to February 1, 2015, ordered each member to stop for an election campaign for seven times, as indicated in the list of crimes in the separate list of crimes.

2. Around January 31, 2015, Defendant A provided money for the purpose of getting the said B to be elected as a standing director by granting cash KRW 3 million to G at the meeting of the E board of directors, which will be held on February 3, 2015, with the following purport: (a) around 11:00, Defendant A provided that “B, who will be held on February 3, 2015, may be elected.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, and J;

1. Protocol and list of police seizure;

1. The details of CCTV shooting, photographs of CCTV taken on B vehicles, photographs of CCTV taken out, photographs of places where directors were removed, list of directors, etc.;

1. Articles of incorporation, minutes of the Election Management Committee, etc.;

1. A copy of a new letter of cooperation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 172 (1) 2 and Article 50 (1) 1 (a) of the Agricultural Cooperative Act, Defendant A who choose a sentence for the crime: Articles 172 (1) 2 and 50 (1) 1 (a) of the same Act, Defendant B who choose a sentence for imprisonment: Articles 172 (1) 2 and 50 (2) of the Agricultural Cooperative Act (including the choice of fines);

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. A defendant who has been confiscated: Article 48 (1) 1 of the Criminal Act;

1. Defendant B: The crime of this case on the ground of sentencing against Defendant B of Article 334(1) of the Criminal Procedure Act is a member’s free will with the intention of door-to door-door visit for the purpose of election of a standing director.