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(영문) 대전지방법원 홍성지원 2013.09.11 2013고단597
농업협동조합법위반
Text

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

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

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was a candidate for an audit conducted by a Cagricultural cooperative located in Chungcheongnam-gun, Chungcheongnam-gu, 2013. A person was not allowed to offer money, goods, entertainment, or other property benefits to his or her or a specific person to the members for the purpose of having him or her elected as an executive officer or representative of a local agricultural cooperative, or preventing him or her from being elected. However, on January 23, 2013, the Defendant registered as a candidate for an audit of the said cooperative, and D or E sent out as a candidate for an audit, with the intention of enabling him or her to receive money from the representatives of the said cooperative, who

On January 28, 2013, the Defendant: (a) put 50,000 won paper 2 in a letter bag at the Seosan post office located in Chungcheongnam-gu, Seoul Metropolitan City, Seoul Metropolitan City; and (b) provided 10,000 won each of the above 13 representatives of the above cooperatives in the same manner as shown in the attached list of crimes, such as providing 13 members of the above 13 members of the cooperative, by way of sending the above 10,000 won paper 50,000 won to G by registered mail.

Accordingly, the defendant provided 130,000 won per 1.3 million won to members for the purpose of winning the 13th executive officer of the local agricultural cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against H and I;

1. Each police statement concerning G, J, K, L, and M;

1. A list of representatives;

1. List of the candidates for external audit of CFF;

1. The articles of association of agricultural cooperatives;

1. Public announcement of election;

1. Registration publication of candidates for directors and auditors;

1. Public announcement on elected persons;

1. Publication of election;

1. Text messages sent by each post office consisting of budgets;

1. Receipt of each postal money order;

1. Reports on internal investigation (A's confirmation of the date on which registered mail was sent to representatives);

1. Each statement (O, P, Q, R, S, and T);

1. Letters sent by each A;

1. Application of Acts and subordinate statutes on CCTV screen pictures;

1. Article 172 (1) 2 of the Agricultural Cooperatives Act and Article 50 (1) 1 of the same Act concerning the provision applicable to the facts of crime and the selection of punishment, respectively;

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