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(영문) 광주지방법원 2013.05.07 2012고단6846
농업협동조합법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall provide money, goods, entertainment, or other property benefits to a cooperative member, his/her family member, or an institution, organization, or facility established and operated by a cooperative member, his/her family member, or a cooperative member or his/her family member, for the purpose of getting him/herself or a specific person elected or not elected as an executive or representative of

Nevertheless, on January 13, 2012, the Defendant purchased 115 destroyed scrap 115, for the purpose of winning an election in the president of the FFFF agricultural cooperative, scheduled to take effect on January 15, 2013, and issued 43 members of the cooperative, as indicated in the attached list of crimes, one destroyed scrap 31,000 won in total at the market price from January 13, 2012 to January 15, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The current status of the recipient of destroyed or lost articles;

1. Photographs;

1. A response to a request for submission of data;

1. Application of the statutes governing cargo tracking;

1. Relevant Article 172 (1) 2 and Article 50 (1) 1 of the Agricultural Cooperatives Act and the choice of fines, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is against the defendant committed the instant crime, and there is no history of criminal punishment.

However, in order to achieve a clean society, misconduct in an election, which can be called the starting point, must be strict, and this is the same in all elections implemented in accordance with laws and regulations as well as the internal regulations of each organization.

The defendant is not in violation of the regulation on simple methods of election, but shall not destroy 115 sets.

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