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(영문) 대전지방법원 홍성지원 2019.10.15 2019고단390
공공단체등위탁선거에관한법률위반
Text

The sentence against the accused shall be determined by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant was a member of C, who was born from the second simultaneous election of the president of the cooperative, which was implemented on March 13, 2019, and was a member of C, together with C.

No person shall make contributions for a candidate or a person who intends to become a candidate in connection with an entrusted election from September 21, 2018 to March 13, 2019, which is the period subject to restriction on contributions.

1. On December 12, 2018, the Defendant rendered a contribution act to the F restaurant located in Chungcheongnam-Nam, to the effect that C, who intends to be a candidate for the election of the head of the cooperative, will assist B in the election of the head of the cooperative, while carrying out a member G, H, I, and I, who is a member of the cooperative, and C, will be elected to the head of the cooperative. In relation to the election of the head of the cooperative, the Defendant provided the above G, H, and I, who is a member of the cooperative, with a 90,000 won worth of the market price, such as a swine at a level equivalent

2. On February 2, 2019 through March 2, 2019, the Defendant made several calls with the above G, and made several calls with regard to B election for the head of the association and candidate C. On March 8, 2019, he/she made a call from G to G about whether the senior citizens’ general meeting is present at the meeting of the association head, and then, he/she made a contribution by providing 20,000 won in cash to G members in front of the new president for the election of the head of the association head by visiting C and 20 persons attending the meeting of the senior citizens on the same day, after visiting the J community hall in South and North Korea on the same day, and making a call about whether the senior citizens’ general meeting is present at the meeting of the association head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, C, and H;

1. A certificate of L;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Article 59 and Article 35 (2) of the Act on Entrusted Elections with Public Organizations, etc. which choose the applicable laws to facts constituting an offense and punishment;

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

1. Articles 70 (1) 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 shall be donated to the provisional payment order.

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