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(영문) 전주지방법원 남원지원 2015.09.22 2015고단172
농업협동조합법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant was the head of the D Livestock Industry Cooperatives Association in North Korea from December 1, 2006 to the present date, and was elected as a candidate for the election of the said Association that was implemented on March 11, 2015.

When a cooperative provides money and goods for congratulations, marriage, funeral, funeral and ancestor worship, or other congratulations and condolences at expenses for the livestock industry, such money and goods shall be provided in the name of the livestock industry cooperative and shall clearly indicate that the expenses of the

Nevertheless, around June 9, 2013, at the F Hospital funeral hall located in E in Jeonju-si, the Defendant attended the funeral ceremony of members of the D Livestock Industry Cooperatives G and provided KRW 50,000 as the expenses of the D Livestock Industry Cooperatives in its name. From around that time to February 3, 2014, the Defendant provided KRW 850,000 for a total of 10 times from that time to February 3, 2014, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, G, I, J, K, L, M, N,O, and P;

1. Details of condolence expenses;

1. Application of Acts and subordinate statutes to a criminal investigation report (the telephone statement of a member), investigation report (the filing of Q, L, M M, and bags for stables), investigation report (K, Nbs file), investigation report (the filing of Pbs file), and investigation report (the filing of Pbs file);

1. Relevant provisions of the former Agricultural Cooperatives Act (amended by Act No. 12755, Jun. 11, 2014) concerning criminal facts: Articles 172 (1) 4 and 50-3 of the same Act concerning the punishment of a fine;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes stipulated in the Agricultural Cooperatives Act as of February 3, 2014)

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order provides ten members of the Korea Livestock Industry Cooperatives with stables and condolence money at the expense of the Korea Livestock Industry Cooperatives, and provides it in the name of the defendant, other than the above association name. This act is an act detrimental to the objectivity and fairness of the election of the president of the Korea Livestock Industry Cooperatives, and the nature of the crime is somewhat weak

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