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(영문) 창원지방법원 진주지원 2015.04.28 2015고단217

공공단체등위탁선거에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. A Defendant A is not eligible to become a candidate for the president of an FF agricultural cooperative in the election of the head of the national Dong-si Cooperative, which was implemented on March 11, 2015, and no one is allowed to carry out an election campaign for any person who is eligible to enter in the elector or electoral registry or for his/her family members, etc. for the purpose of an election campaign, or to provide money, goods, entertainment, or other property benefits, or public or private positions, or to instruct or recommend any person, his/her family members, etc. to provide such services, or to provide such services, for the purpose of an election campaign.

A. On February 7, 2015, the Defendant appealed to support the Defendant by stating that “I, J, K, and L, who was introduced from H in Sacheon-si, G, would have retired from partnership affairs and became the head of the FFF agricultural cooperative at this time, and I, J, K, and L would have retired from partnership affairs at this time, and I, J, and I, K, and L would have become the head of the FFF agricultural cooperative.”

Accordingly, the Defendant carried out an election campaign prior to the election campaign period.

B. On February 10, 2015, the Defendant, on February 10, 2015, placed agricultural bags containing KRW 1.5 million on the following grounds: (a) the Defendant introduced members N, etc. from the Sacheon-si Macheon-si M through the introduction of B on February 10, 2015; and (b) read that “the remaining money remaining after calculating the annual meal costs is divided; and (c) the Defendant dried agricultural bags containing KRW 1.5 million.”

Accordingly, the defendant ordered or recommended B to provide money and valuables to the members N for election campaign purpose.

2. No person who intends to be a candidate or candidate in connection with entrusted elections shall provide money, goods, or other property benefits to a person eligible to be entered in the elector or electoral registry, or to his/her family members, etc., or express his/her intention to provide, or promise to provide, such benefits during the contribution-restricted period (from September 21, 2014 to March 11, 2015).

Nevertheless, on February 7, 2015, the Defendant is located in G in Sacheon-si around 20:00.