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(영문) 춘천지방법원 2018.11.08 2018고단749
산림조합법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As the term of office expires on February 27, 2018, the defendant was elected as a candidate for the election of non-standing director of the cooperative B implemented on February 13, 2018 while working as non-standing director of the cooperative B.

A person who intends to become a candidate for the election of an executive of a cooperative or a candidate shall not provide money, goods, or other property benefits to an elector, his/her family member, elector, or his/her family member, etc. from 180 days before the term of office of the executive officer expires

On September 30, 2017, the Defendant, at around 19:30, found D’s house of the above union D, offered 10kg of Hongcheon Rice equivalent to the market price of 18,000 won. On January 24, 2018, the Defendant visited F’s house of the above union representatives located in E at around 12:00, and provided 1 f’s house of 24,200 won of the market price.

As a result, the defendant made contributions to the voters in relation to the B non-permanent election of union members.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution with respect to D or F;

1. Statement made by the police with regard to G, H and I;

1. A written accusation, a certified copy of the registry, a schedule of promotion of the election of executive officers in 2018, and a list of representatives [the defendant alleged to the effect that the defendant did not engage in the act as stated in the facts charged, but did not aim at the election, but F and D stated to the effect that the defendant was related to the election since the defendant was found at an investigative agency without any contact (the investigation record page 89, 247-250 pages), and even if otherwise, according to Article 40-2(1) of the Forestry Cooperatives Act, the candidate for the election of executive officers of a cooperative should not make a contribution itself regardless of the purpose of the elector from 180 days before the expiration of the term of office of the executive officer to the election day. Thus, the above argument by the defendant cannot be accepted].

Application of Statutes

1. Relevant Article 132 of the Forestry Cooperatives Act concerning facts constituting an offense and Article 132 of the same Act;

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