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(영문) 대구지방법원 서부지원 2013.05.31 2013고단480
농업협동조합법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the agricultural cooperative B.

No person shall provide money, goods, entertainment or other property benefits to his/her own or a specific person to members for the purpose of having such person elected as an executive or representative of a local agricultural cooperative.

Nevertheless, at around 14:00 on January 10, 2013, the Defendant offered 100,000 won to E and F, who are union members, upon having requested D to provide D with the purpose of getting D to be elected as the president of the association of B agricultural cooperatives.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecution with respect to E and F;

1. Each letter of answer to E and F;

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 172 (1) 2 and Article 50 (1) 1 of the Agricultural Cooperatives Act, the choice of punishment for an offense, and the choice of imprisonment, respectively;

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

1. It is so decided as per Disposition for the reason that Article 62 (1) (including the fact that it is against the law) of the Criminal Act is in excess of the sentence;

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