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(영문) 광주지방법원 순천지원 2015.04.29 2015고단171
농업협동조합법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was a person who held office as the president of the D Agricultural Cooperative Association from July 16, 2009 to February 27, 2015 and was trying to go out as a candidate for the president of the D Agricultural Cooperative Association at the first simultaneous election held on March 11, 2015.

The head of an agricultural cooperative shall not provide money, goods, or other property benefits to a cooperative member, his/her family member, or an institution established by the cooperative member or his/her family member or family member while in office.

Nevertheless, at around 10:00 to 11:00 on July 26, 2014, the Defendant issued 50,000 won each letter of 50,00 won No. 30,00 agricultural cooperative member E, F, and G from the community center bus platform around the community center located in the Hanyang-dong Yellow Village.

Accordingly, the defendant provided three members of the Agricultural Cooperative Co., Ltd. with a total of 150,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. A written confirmation;

1. Application of Acts and subordinate statutes, such as a written accusation, receipt, each recording record, payment meeting, written confirmation of details of transactions, current status of the route within the jurisdiction;

1. Relevant Article 172 (1) 3 and Article 50-2 (6) and (1) of the Agricultural Cooperatives Act and the choice of fines, respectively, concerning criminal facts;

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. The fairness of election in representative democracy is the foundation of democracy, and the fairness of election is guaranteed not only to national agencies but also to all agencies that have determined to elect representative agencies as well as to run the election, because the amount of provision of normal benefit favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is relatively small and that the amount of provision of normal benefit favorable to the reasons for sentencing of Article 334(1) is not going out of the partnership, but also to the extent that the fairness of election is relatively minor.

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