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Defendants shall be punished by imprisonment for one year and six months.
However, the above punishment shall be executed for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Defendant
A would be a candidate for the president of the EFF at the first simultaneous election held on March 11, 2015, which was scheduled to take effect on March 11, 2015. Defendant B would be a member of the EFF as a result of the regional post-election of the EF. However, the Defendants would not offer, express, or promise to offer money or other property benefits to a person who intends to be a candidate for the purpose of getting elected or not to be a candidate for the election of the president of the association. However, the Defendants conspired to pay a certain amount of compensation for such benefits, i.e., to the head of the EFF, who was charged for the violation of the Public Official Election Act, for fear that if the F, who is the head of the EFF, would be disadvantageous to A, would be a candidate for the president of the EFF at the first simultaneous election of the head of the association.
Defendant
B On January 1, 2015, while talking with F directly or telephone conversationss from the first patrol officer to the first patrol officer, F made a statement that “F is sentenced to the invalidation of election due to a violation of the Election Act, and thus, the president of the cooperative, who is sentenced to a punishment for invalidation of election at the appellate court, shall go out to a high-ranking military special election and shall not go out of the cooperative president.” On the other hand, the president of the cooperative, who is prepared for KRW 200 million, has delivered the statement that F is needed to go out of the cooperative president in return for the withdrawal of election for the head of the cooperative, and the Defendants shall hear the answer that F is required to go out of F, and the Defendants shall then prepare for KRW 50 million in cash.
On January 23, 2015, around 16:10 on the 16:10, the Defendants met F in the 1st floor coffee of H H hotel in Gyeongnam-gun G, but Defendant A told F to the effect that “I will not register a candidate for the president of the cooperative. I will am the head of the Gun if the head of the cooperative is the head of the Gun, the head of the cooperative will be the head of the Gun, the head of the Do, the head of the Do, the head of the Do, the head of the Do, the head of the Do, and the Defendant B