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(영문) 광주지방법원 해남지원 2016.10.06 2016고단301
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From March 21, 2015, the Defendant is a person who holds office as the president of the FF Agricultural Cooperative in the Namnam-gun E.

The head of an agricultural cooperative shall not make contributions while in office, and where he/she provides money or goods for congratulations, marriage, funeral, funeral and ancestor worship, funeral and ancestor worship, funeral and ancestor worship, or other congratulations and condolences at the expense of a local agricultural cooperative, it constitutes a contribution act if he/she indicates the name or name of the head

Nevertheless, around February 3, 2016, the Defendant offered money and valuables for congratulationss by delivering money to H 70 times in total as shown in the attached list of crimes from January 22, 2016 to May 17, 2016, when 50,000 won of the bottled money, which was written by the president of the cooperative, to the members of the FF Agricultural Cooperative located in the Namnam-Gun G, Namnam-gu, Seoul Special Metropolitan City (hereinafter “FF Agricultural Cooperative”)’s residence, and delivered bags containing 50,000 won of the bottled money, which was written by the president of the cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. A statement of transactions, one copy of the preparation of the meeting for payment of light expenses, two copies of the envelope, and a list of crimes;

1. Afforestation photographs;

1. Application of Acts and subordinate statutes to a investigation report (the preparation of a letter of payment of the FFFF TFT)

1. Article 66 of the relevant Act on Criminal Crimes and Article 66 of the Act on Entrusted Elections by Public Organizations, etc. Selection of Punishments;

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

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

1. In light of the legislative purport of the Act on Entrusted Elections by Public Organizations, etc. to correct mixed elections for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the characteristics of the election of the president of a regional association, such as restrictions on electors, and possibility of confluence with electors, etc., there is a need for strict warning of violations of the Election Act.

However, in determining the specific sentence, the defendant reflects his fault, and the crime of this case is committed by the defendant.

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