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(영문) 대전지방법원 2016.01.29 2015노819
농업협동조합법위반
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In relation to the instant election, the Defendant did not offer money and valuables to M and P.

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

B. Prosecutor 1) Defendant A provided money and valuables to H and I for the purpose of being elected in relation to the instant election.

2) Defendant B provided money and valuables to X and Z for the purpose of winning the instant election.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in this part of the charges 1) Defendant A was elected by going to a special election for the president of the K Agricultural Cooperative, which was conducted by the K Agricultural Cooperative in the Chungcheongnam-NamJ on March 25, 2014.

Defendant

Around February 2014, for the purpose of winning as an executive of a regional agricultural cooperative, H complained of support for the Defendant in a special election for the president of the KFF at the residence of Ha in Chungcheongnam-Nam-Nam-U, and provided KRW 300,000 (6 50,000 won) to H, who is a member of the KFF, in the special election for the president of the KFF at the end of the end of February 15, 2014, and complaining of support for the Defendant in the special election for the president of the KFF at the I located in Chungcheongnam-Nam-V, and provided KRW 300,000 (60,000 won and 50,000 won) to I who is a member of the KFF.

2) On March 25, 2014, Defendant B was a person who participated in a special election of the president of the K Agricultural Cooperatives established by the K Agricultural Cooperatives in the Chungcheongnam-Nam-J on March 25, 2014 and fell.

No person shall provide money, goods, entertainment or other property benefits to members for the purpose of having himself/herself or a specific person elected as an executive or representative of a local agricultural cooperative or preventing him/her from being elected.

Nevertheless, for the purpose of being elected as executive officers of the local agricultural cooperative, the Defendant supported the Defendant in the special election for the president of the KFF in the first half of February 2014 to X, a member of the KFF, in the field of X located in Chungcheongnam-W.

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