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(영문) 인천지방법원 2014.02.13 2013고단4634

농업협동조합법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was a person who was born to an election of the representatives of the above associations performed around February 28, 2013 as the head of the D Livestock Industry Cooperatives E Livestock Industry Association (hereinafter referred to as the “E Livestock Industry Association”).

Around February 27, 2013, the Defendant, at the office of the Defendant in Gyeyang-gu, Incheon, for the election of the head of the E livestock farm farm that was implemented on February 15, 2012, prepared by using a computer with false descriptions of the following: (a) although the Defendant did not cast a vote on behalf of an I member in the election of the head of the E livestock farm farm that was carried out on behalf of the F in February 15, 2012: (b) although the Defendant did not have cast a vote on behalf of the I member in 2012, the Defendant was unable to attend the meeting of the Love Assembly in 2012; (c) did not have attended the meeting; (d) did not have a false statement of the fact that the F Council head of the F Council head of the F (H union member’s speech) attended as an I member’s proxy;

On February 28, 2013, immediately before the election of representatives was held, the Defendant distributed 80 et al. al., to her 80 members to hold an election in the K cafeteria located in the Seo-gu Incheon, Seo-gu, Incheon, and then distributed 50 boxes containing such false information to her 80 m., respectively, and as F was involved in the election of the EM 2012 EM election, H et al., the wife of 'F received 50,000 won transportation expenses and cast a vote on behalf of her members.

"......"

Accordingly, the defendant published false facts in relation to the election of representatives of D Livestock Industry Cooperatives.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of the witness H, L, M, and I;

1. Each prosecutor's statement of M, L, N, and H;

1. Each police statement made to H and I;

1. Each written statement of L, M andO;

1. Application of Acts and subordinate statutes to copies of inducements;

1. Article 172 (3) and Article 50 (3) of the Agricultural Cooperatives Act concerning the facts constituting the crime;

1. The summary of the facts charged as to defamation among the facts charged in the instant case where dismissal of prosecution pursuant to Articles 70 and 69(2) of the Criminal Act is dismissed at the Nowon-gu Station.