logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2016.11.17 2016고단1257
농업협동조합법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant was elected as a standing director of the D Dairy Farming Cooperative, which was implemented on February 15, 2014, and was re-electioned on February 15, 2016, and currently in office as a standing director of the above union. A person who intends to be a candidate for an officer of a local livestock industry cooperative or a candidate for an officer of the local livestock industry cooperative is prohibited from providing money, goods, or other property benefits to its members from 180 days before the expiration date of the officer's terms to the election day.

Nevertheless, on October 2015, the Defendant provided a contribution act by providing bags containing 500,000 won in cash to F, a member of the said union, who is a director of the said union, when traveling abroad.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the police officer in relation to G, H and F;

1. To enter requests for cooperation in investigation, the list of members, etc.;

1. Application of Acts and subordinate statutes to write down the details of cash withdrawal;

1. Article 172 (1) 3 and Article 50-2 (1) of the Agricultural Cooperatives Act concerning the facts constituting an offense;

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

1. The Defendant guilty of Article 334(1) of the Criminal Procedure Act of the Korea Dairy Farming Cooperative established the fact that a member of the Korea Dairy Farming Cooperative gave 500,000 won in cash to F, a director of the Korea Dairy Livestock Cooperative, on November 29, 2014; however, on November 2, 2015, the Defendant was merely granted 500,000 won for the use of 500,000 won as expenses for overseas travel by the executives of the said cooperative on November 29, 2015, and thus did not have an intention to make a contribution to the Defendant.

It argues that illegality is excluded as an act that does not violate social rules and is a legitimate act.

It is the purport that the defendant's argument received from officers is "return".

arrow