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(영문) 전주지방법원 2015.08.28 2015고단830
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who served as the head of the Eagricultural cooperative in Jinan-gun from November 10, 201 to March 21, 2015, and the head of the agricultural cooperative under the Agricultural Cooperatives Act shall not make contributions while in office.

Nevertheless, around August 26, 2014, the Defendant sent to 180 members of the EFF, including F, and 17,500 won in total, of the 3,150,000 won of the EF, respectively, by way of selective transfer, to 180 members of the EFF as indicated in the attached Form.

Accordingly, the defendant made a contribution while in office as the president of the partnership.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A certificate of the H’s defeit recipient;

1. The application of Acts and subordinate statutes on the dispatch of door-to-door dispatch data, details of transactions, comparison of members, and list of members;

1. Article 59 of the relevant Act on Criminal Facts and Articles 35 (5) of the Act on Elections Commissioned by Public Organizations, etc. Selection of Punishment (In general, Selection of Imprisonment and Imprisonment);

2. The act of making an act of making an act of making an act of making an act of making an act of making an act of making an act of making an act of making an election for the head of a cooperative, who has no choice to have superior position in an election for the reason of sentencing under Article 62(1) of the Criminal Act, constitutes a crime that seriously undermines the objectivity and fairness of an election by strengthening the above superior position by providing money, goods, and other property benefits before an election is held. In particular, an election of the head of a regional cooperative, to which the Act on Entrusted Elections by Public Organizations, etc. is applied, needs to be more severe than the crime of making an act of making an act of making an act of making an act of making an election for the head of a cooperative, due to the closure of the relevant election area, the possibility of being known to the elector, the restriction of electors, etc.,

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