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(영문) 대구지방법원 상주지원 2017.06.13 2017고단136

공공단체등위탁선거에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who registered as a candidate for the election of the president of the CF on March 8, 2017, and the president of the CF at the time of the instant case.

No one shall, for the purpose of an election campaign, provide, express an intention to provide, or promise to provide money, goods, entertainment, other property benefits, or public or private positions to an elector, his/her family member, or an institution, organization, or facility established and operated by an elector, his/her family member, or his/

Nevertheless, around 10:00 on February 17, 2017, the Defendant provided cash of KRW 2 million in total by inserting 50,000 won to the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-house, the Defendant: (a) an auditor of the interest of union members who have arrived early in order to attend the C director and auditor meeting held on the same day; and (b) an auditor of the association who has arrived at the time of this election to reduce the amount of KRW 2,00,000 from the drinking value; and (c) subsequent to E who moved to the outside-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-house

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of the suspect of a cereale to the prosecution;

1. Statement made by each prosecutor to E;

1. Each investigation report (number 1, 6, 9, 11, 22 through 25, 31, 31) and protocol of seizure;

1. Application of Acts and subordinate statutes on the case of offering money or goods for election of the head of a cooperative, door-to-door, copy of passbook, major business schedule for nationwide election of the head of a cooperative, E’s passbook, and photographic document of KRW 2

1. Article 58 subparagraph 1 of the Act on Entrusted Elections, such as a relevant law on criminal facts and a public organization that selects a sentence, etc. (Selection of imprisonment);

1. Article 62(1) of the Act on the Suspension of Execution (The following extenuating circumstances among the reasons for sentencing) of the Criminal Act (the prosecutor sought confiscation of 40,00 won as to 50,000 won.

(1) First, we examine whether the public prosecutor may confiscate pursuant to Article 48 of the Criminal Act, which is stated in the applicable law.

If a bank deposits money received as a bribe, the deposit constitutes a disposal act of the bribe, and thereafter the acceptance of the bribe is the same.