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(영문) 대구지방법원 김천지원 2019.10.31 2019고단928
공공단체등위탁선거에관한법률위반
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

On March 11, 2015, the Defendant was elected as the president of a cooperative throughout the country, and was elected as the president of a cooperative on March 13, 2019.

The head of an agricultural cooperative under the Agricultural Cooperatives Act shall not make contributions while in office.

Nevertheless, on January 14, 2019, the Defendant, at the B office located in the B, in the office of the president of the Partnership, called “B, I have the honor to the Association, I have a lot of calls from D, and I have the possibility to incur a lot of calls from D, I have the right to do so, I have the right to do so, and I have the right to do so.” Then, the Defendant, through B driver E, has donated one of the 10km gamblings equivalent to KRW 20,000 in the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements in the prosecutor's statement concerning F;

1. Each police statement of E and D;

1. Records of seizure and the list of seizure;

1. Application of the details of DNA mobile phone calls, the scene of seizure, and the photograph of seized articles;

1. Article 59 of the relevant Act on Criminal Crimes and Articles 35 (5) of the Act on Entrusted Elections by Public Organizations, etc. Selection of Punishment, Selection of Fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant does not have the same criminal records as the defendant for the reason of sentencing of the provisional payment order, taking into account the following factors: the amount of the contribution act in this case, and the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, and all the conditions of the sentencing specified in the argument in this case

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