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(영문) 광주지방법원 2019.11.28 2019고단3330
공공단체등위탁선거에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 3 million and by a fine of KRW 800,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who was elected at the second time in March 13, 2019 at the election of the head of the Dong-si Cooperative C&C (hereinafter referred to as “C”) partnership.

1. No person who is a defendant shall offer, express an intention to offer, or promise to offer money, goods, entertainment, other economic benefits, or a public or private job to an elector or his/her family members for the purposes of an election campaign;

Nevertheless, at around 18:20 on March 7, 2019, the defendant parked in the parking lot for Gwangju apartment, and 500,000 won in cash, upon requesting C members E to support the election of the president of the association.

Accordingly, the Defendant provided C members with money of KRW 500,00 for election campaign for the election of the president of the C partnership.

2. Although a candidate for an election of the head of a cooperative may conduct an election campaign by transmitting text messages during the election campaign period, he/she shall not conduct an election campaign by transmitting voice, images, or video messages other than letters.

Nevertheless, at around 10:00 on March 6, 2019, the Defendant carried out an election campaign by sending video messages to 1,513 members, including N and A, via the Defendant’s photograph via the text message dispatch site (hereinafter “H”), along with the Defendant’s photograph, the Defendant carried out an election campaign by sending the Defendant’s text message to 1,513 members, including N and A, via a computer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and N;

1. Investigation report (the current status of elections of heads of cooperatives C during the second election of heads of cooperatives nationwide);

1. A copy of the questionnaire (Evidence No. 24);

1. C List of members;

1. Details of sending pictures, details of participation in the H-site pictures of Poto-production framework, and H-sites;

1. Application of Acts and subordinate statutes to confirm the details of mobile phone text and extract digital sirens data;

1. Criminal facts;

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