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(영문) 전주지방법원 정읍지원 2019.08.29 2019고정86

공공단체등위탁선거에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 13, 2019, the Defendant was a person who was born as a candidate for the president of a cooperative at the second time in the election of the president of a cooperative nationwide.

No one shall provide, or express an intention to provide, or promise to provide, money, goods, entertainment, other property benefits, or a public or private job to an elector, his/her family member, or an institution, organization, or facility established or operated by an elector, his/her family member, or his/her family member, for an

Nevertheless, around 19:00 on March 4, 2019, the Defendant issued KRW 300,000 (50,000 won) in cash to E (a member of the Association) who is an elector as a member of the Association, in front of the “D cafeteria” located in the Dabuan-gun, the former B, a member of the Association.

Accordingly, the defendant provided money to the elector for the election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a list of evidential materials;

1. A letter of answer;

1. Investigation report (related to voluntary submission in cash);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 58 (Selection of Fines) subparagraph 1 of the Act on Entrusted Elections such as Relevant Acts concerning facts constituting an offense and public organizations that choose a sentence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a serious crime that damages the fairness and transparency of the election in a regular manner.

In full view of the facts that the defendant is led to confession, is against himself/herself, and there is no record of the same kind of crime, and the age, character and conduct, environment, motive, means and result of the crime, and all the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc.