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(영문) 창원지방법원 마산지원 2019.08.20 2019고단494
농업협동조합법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 26, 2018, the Defendant registered as a candidate for the election of executive directors of the Association B on the 30th of the same month and was recommended by the Standing Director Personnel Recommendation Committee to be elected as a standing director on December 11, 2018.

No one shall conduct an election campaign when he/she selects a standing director of the C Union.

1. On November 17, 2018, the Defendant carried out an election campaign by requesting F, a non-standing director of the cooperative, to support the election of a standing director at the “E” coffee shop located in Masan-si, Changwon-si, Changwon-si.”

2. On November 20, 2018, the Defendant carried out an election campaign by requesting support for the election of a standing director at the “E” coffee shop as set forth in paragraph (1) of this Article, by requesting the above F to the representatives at the standing director’s election.

Summary of Evidence

1. Defendant's legal statement;

1. Application of some Acts and subordinate statutes to the police statement of F;

1. Article 172 (2) 2 of the Agricultural Cooperatives Act and Article 50 (6) 2 of the same Act concerning the selection of applicable criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The decision-making defendant acknowledges and reflects a crime.

The degree of election campaign is not severe.

Since F is not appointed as a recommending member, it seems that there was no direct influence on election.

Defendant has no particular criminal record for other crimes except those sentenced to a fine once, 1997.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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