공공단체등위탁선거에관한법률위반
Defendant shall be punished by a fine of KRW 800,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the head of the AFF cooperative, who was elected as the head of the DF cooperative, and the head of the DFF cooperative at once held on March 11, 2015.
The head of an association under the Agricultural Cooperative Act shall not make contributions while in office.
Nevertheless, on September 12, 2016, at F’s house located in Young-gun E on September 14:0, 2016, the Defendant provided F with one set of gift set of KRW 31,600 at the market price to F, who is eligible to be entered in the electoral register, and on September 13, 2016, at H’s house located in Sung-gun G on September 13, 2016, the Defendant provided the same H with one set of gift set of KRW 31,600 at the market price and provided the same H with one set of goods equivalent to KRW 63,200 at the market price.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with respect to H and F;
1. Application of Acts and subordinate statutes to the list of representatives and the members of the association in 2016, and the investigation report (Submission of a receipt on the details of purchase by standard);
1. Articles 59 and 35 (5) of the Act on Entrusted Elections with respect to facts constituting an offense, such as the relevant public organizations, etc., and selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was elected through an election that realizes the representative system, and committed an act in violation of the main prohibition clause to ensure the fairness and legitimacy of commissioned elections by public organizations, etc. despite the duty to strictly observe the pertinent statutes on election.
In addition, even though the defendant purchased the standard set at the expense of the association, he has disturbed the direct representatives, and the criminal investigation agency has denied the punishment in order to avoid punishment.
However, the contribution of this case was made at the time of approximately one year and six months after the defendant was elected as the head of the association.