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(영문) 대구지방법원 포항지원 2016.01.28 2015고단912
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant, while serving as the head of the agricultural cooperative C (hereinafter “the instant cooperative”) and was elected on March 11, 2015, after going through the election of the head of the said cooperative.

According to the commissioned election-related Acts, such as public organizations, etc., a candidate (including a person who intends to be a candidate) shall not make contributions during the period subject to restriction on contributions (from 180 days before the expiration of the term of office to the election day), and the head of a cooperative shall not make contributions during his/her term of office at all times, and even where a commissioning organization (a cooperative) provides money and valuables in accordance with its own business plan and the budget, it may not be provided in the name of the entrusted organization (association head),

In doing so, the Defendant issued a right to exchange agricultural materials (which can be used when purchasing fertilizers, etc. from a cooperative; hereinafter “instant right to exchange”) distributed to its members in accordance with the instant cooperative business plan and the branch budget in 2015, and ordered D to issue and distribute them in the name of the president of the cooperative on January 9, 2015, and issued the instant right to exchange under the name of E, a printing company around January 12, 2015, printed the instant right to exchange in the name of the president of the cooperative and on February 12, 2015, issued the instant right to exchange to 30 million 50,000 , 30,000 , 20, 2000 , 10, 3000 , 30,000 , 10,000 , 300,000 , 100 ,00 won per member of the cooperative).

As a result, the defendant made a contribution act to the elector in terms of the union head during the period of prohibition of contribution.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and G;

1. Each protocol made by the prosecutor of the prosecution with respect to H, G, F (No. 2 and 3 times), and D (part);

1. Preparation of rights to use farming materials by cooperative members in 2015, and the business plan and budgetary documents of 2015;

1. A report on internal investigation (a right to exchange agricultural materials and to attach photographs of guidance) and D attached at the time of approval of the draft;

The proposal for the exchange of goods claimed and the head of the G Office shall end to D.

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