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(영문) 춘천지방법원 2013.09.24 2013고단571
농업협동조합법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

In the event that the Defendants did not pay the above fine, the fine shall be respectively imposed.

Reasons

Punishment of the crime

Defendant

A and Defendant B are elected as directors in the election of directors of the FF Agricultural Cooperative on January 30, 2013.

A person who intends to become an executive of an agricultural cooperative shall not visit members door to door for an election campaign from 90 days before the expiration date to the election day.

1. On January 2013, the Defendants visited the IS Office for the Operation of H by FF Agricultural Cooperative Members G in Chuncheon-si, Chuncheon-si, and complained of support by knowing that H was going out of the above election of directors.

The Defendants conspired as such to visit the members to door for an election campaign.

2. On January 2013, 2013, the Defendants visited K Hospital 102 sick rooms hospitalized by K members of the FF Agricultural CooperativeJ in the Chuncheon-si, Chuncheon-si, and complained for support by having K know of the progress of the above director election.

The Defendants conspired as such to visit the members to door for an election campaign.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement to M and K;

1. Written accusation and petition;

1. Each investigation report (in relation to the submission of a written accusation and the NongHyup Articles of Incorporation, the submission of NElection-related documents by the head of the FFC General Affairs Team, the filing of the FFF Articles of Incorporation and the expiration date of directors' confirmation, O

1. Application of the F Agricultural Cooperative Association Acts and subordinate statutes;

1. Relevant provisions of the Agricultural Cooperatives Act and Articles 172 (2) 1 and 50 (2) of the same Act concerning the facts constituting an offense, and Articles 30 of the Criminal Act concerning the selection of punishment;

1. Determination on the Defendants of Articles 70 and 69(2) of the Criminal Act and their defense counsel’s assertion

1. The Defendants and their defense counsel’s summary of the assertion: (a) although the Defendants visited the gas station office in the operation of H and the sick room hospitalized by K, the gas station in the operation of H did not continuous visit; (b) visited the police officer around the end of December 2012 or on January 2013; and (c) the gas station hospitalized by K on January 2013.

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