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(영문) 대구지방법원 포항지원 2015.11.19 2015고단824
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was elected on March 11, 2015, when he was in office as the head of a fisheries cooperative, and was elected on March 11, 2015.

The above election is an election implemented on August 1, 2014 in accordance with the Act on Election of Public Organizations, etc., and the election commission manages the preparation of the electoral register and other election procedures, but in relation to the preparation of the electoral register, the electoral register can be finalized following the inspection of the electoral register and the procedure for raising an objection.

Meanwhile, according to the Act on Entrusted Elections by Public Organizations, Etc. (Article 15), the Regulations on Entrusted Elections by Public Organizations, etc. (Article 7), the Fisheries Cooperatives Act (Article 31), and the Articles of Incorporation of the Fisheries Cooperatives (Article 25) have a duty to investigate whether a cooperative member is qualified and to arrange a list of its members and to prepare an electoral register accordingly. The Defendant, as the president of a fisheries cooperative, was aware of the fact that a cooperative received an official document from the Election Commission and the Federation of Fisheries Cooperatives to February 2015 to the effect that registration of an electoral register is invalid on several occasions during the period from March 2014 and from February 2015.

Therefore, the Defendant, who is a person responsible for preparing the electoral register of a cooperative, was obligated to conduct a fact-finding survey on whether he/she is qualified as a cooperative member before submitting the electoral register to the election commission and determine whether he/she is qualified as a cooperative member through a resolution of the board of directors and

Nevertheless, the Defendant entered the list of crimes in attached Form E, etc. among those registered in the list of members managed by the partnership.

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