Defendant

Kim Jong-soo (prosecution) and Park Jong-hee (Public trial)

Attorneys Shin Jin-jin et al.

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

350,000 won shall be additionally collected from the defendant.

In order to order the provisional payment of an amount equivalent to the above fine.

The Defendant was elected on March 11, 2015 at the first simultaneous election of the head of a cooperative nationwide, as a candidate for the head of a cooperative of ○○ Livestock Livestock Industry Cooperatives (hereinafter referred to as “○○○ Livestock Industry Cooperatives”).

Nonindicted 9 is the spouse of the Defendant, Nonindicted 1 is the spouse of the Defendant, Nonindicted 2 is the member of the ○○yang Savings Association, Nonindicted 3 is the mother of Nonindicted 3, who is the member of the ○○○ Yang Savings Association, and Nonindicted 4, who is the member of the ○○yang Savings Association, and Nonindicted 7 is the member of the ○○○○

1. No one shall offer, express an intention to offer, or promise to offer money, goods, entertainment, or other property benefits to any elector (including a person eligible to be recorded on the electoral register before preparing the electoral register) or his/her family members for the election campaign;

A. The Defendant, along with Nonindicted 9, was a member of the said ○○○○ Savings Association, who was the elector of the said ○○○○ Savings Association with the intent to provide money and valuables by iceing Nonindicted 1’s medical questions.

On January 19, 2015, the Defendant: (a) visited Nonindicted 9 at Jeju-si ( Address 1 omitted); and (b) provided KRW 300,00 in cash, stating that Nonindicted 9 “I would well treat children”; and (c) provided the said Nonindicted 1 with KRW 30,000,000 in a simplified golf practice range in which he visited Nonindicted 9, along with Nonindicted 9.

Accordingly, in collusion with Nonindicted 9, the Defendant provided money and valuables to Nonindicted 1, the elector, for the purpose of election campaign for the Defendant.

B. The Defendant, as a member of the ○○yang Savings Association for the purpose of conducting an election campaign for the Defendant, was willing to provide money and valuables to Nonindicted 4, who was the elector, as a member of the ○○yang Savings Association, as a member of Nonindicted 3’s illness, who was the elector, and who was his mother Nonindicted 2, etc.

Around January 2015, the Defendant visited Nonindicted 7’s house, which was living in the neighbor’s house of Nonindicted 3, and provided KRW 50,00 to Nonindicted 7, who was called “the delivery month of consolation money to Nonindicted 3.” The Defendant consented to the above Nonindicted 7, who visited Nonindicted 3’s house located in the Jeju city ( Address 2 omitted), and the Defendant sent KRW 50,000,000 received from the Defendant to Nonindicted 2, who was in the said place, Nonindicted 3’s mother, and Nonindicted 4’s wife, Nonindicted 4’s wife, the ○○yang Savings Association member of Nonindicted 3, who was in the said place.”

Accordingly, the Defendant provided money and valuables to Nonindicted 2, the elector’s family member, for the purpose of election campaign for the Defendant.

2. An election campaign may be conducted only from the following day ( February 26, 2015) of the deadline for the registration of candidates to the day preceding the election day ( March 10, 2015);

On February 24, 2015, at around 09:59, the Defendant sent text messages to Non-Indicted 14’s mobile phone (on hand phone 2 omitted) by using Defendant’s cell phone (on hand phone 1 omitted), stating that “I complete the registration of candidates for the president of ○○○ Livestock Livestock Cooperative. I will act more strongly in the future for the remaining period.”

In addition, from that to February 25, 2015, the Defendant sent text messages that are identical or similar to the above mentioned above, to 157 members of the ○○yang Savings Association via 24 times, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant carried out an election campaign when it is not an election campaign period.

1. Part of the defendant's legal statement (the part concerning paragraph (2) at the time of sale);

1. Legal statement of Nonindicted 1’s witness

1. A written statement of Nonindicted 13 and a statement of transactions of self-reliance deposits (return to Nonindicted 9, 200,000 won on January 21, 2015)

1. A certified copy of the resident registration (the defendant, Nonindicted 9), and on-site photographs;

1. The first simultaneous election of the head of the cooperative, the list of candidates, and the list of candidates elected;

1. A copy of the police seizure record, the list of seizure, the certificate of seizure, the membership pocket book (2014) No. 9, the copy of the certificate No. 8 of the Act, a copy of the agricultural field pocket book No. 8 of the Act, and a copy of the

1. Jeju newspaper engineer (as of January 13, 2015), Jeju newspaper engineer (as of January 27, 2015);

1. The photograph of the date on which the file is created in the register of members of the association No. 17; the results of analyzing the digital evidence of the defendant's mobile phone; the extracted data from among the results of analyzing the digital evidence of the non-indicted 9 mobile phone; each photograph file

1. An abstract of main text messages between the Defendant and Nonindicted 7

1. The electoral register;

1. Family relation certificate and a certified copy of resident registration (Nonindicted 3);

1. Each written statement of Nonindicted 15 and Nonindicted 16

1. Extraction of the transmission and reception of text messages from Nonindicted 7-used mobile phones

1. Statement of each police statement on Nonindicted 10 and Nonindicted 11

1. An abstract of the transmission details of Defendant text messages related to a charge of prior election campaign as a result of analysis of digital evidence;

1. Statement of each police statement on Nonindicted 17 and Nonindicted 18

1. The protocol concerning the interrogation of each police suspect against Nonindicted 7

1. Each police statement on Nonindicted 2 and Nonindicted 6

1. A written confirmation of payment of medical expenses by Nonindicted 19

1. Details of Nonindicted 7 mobile phone calls

1. The protocol concerning the interrogation of each police suspect against Nonindicted 7

1. A written application for candidate registration;

1. Each police statement on Nonindicted 12, Nonindicted 20, and Nonindicted 21

1. The statement of Nonindicted 22

1. Six images, four copies of election campaign bulletins, which have been acquired as a result of digital evidence analysis;

1. On-site photographs (or places where money and valuables are provided to outside 1);

1. Draftment for an extraordinary general meeting (see, e.g., November 27, 2014) and a new dynasium business plan (see, e.g., Supreme Court Decision 201Du11, Oct. 11, 20

1. A situation register of commissioned election prevention control activities;

1. Reporting on the results of visit and guidance of cooperatives within the jurisdiction related to simultaneous elections, guidance on restricted or prohibited matters related to simultaneous elections, guidance on commissioned elections by public organizations, etc. related to various events at the end of the year, guidance on election campaign guidance for the head of a cooperative at the end of the first time, guidance on the election campaign for the head of a cooperative at the end of the year, guidance on the election campaign for the head of a cooperative at the end of the first time, guidance on election campaign for the election campaign for the head of a cooperative at the time, guidance on the election campaign for the first time, report on the result of holding the first time guidance on election campaign for the head of

1. A written statement of Nonindicted 23, who belongs to the court below (the defendant's interview situation)

1. Statement of suspect interrogation concerning Nonindicted 7 by the prosecution

1. A protocol concerning the examination of suspect by the prosecution against the defendant and the non-indicted 9

1. Article 58 subparagraph 1 of Article 58 and Article 66 subparagraph 1 of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”), Article 30 (Selection of Fines) of the Criminal Act, Article 58 subparagraph 1 of Article 58 and subparagraph 1 of Article 66 of the Commissioned Election Act (the purchase of voters, etc. against Nonindicted 2 and the selection of fines), together with Article 6 subparagraph 1 and Article 24 (2) of the Commissioned Election Act (the occupancy of an advance election campaign and the selection of fines);

1. Concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Additional collection: proviso to Article 60 of the Entrusted Election Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

The defendant asserts that each crime under paragraph (1) of the judgment was delivered at the same level and did not have the purpose of election campaign.

“Election campaign” as provided in Article 23 of the Commissioned Election Act refers to any act that is favorable to the necessity for, or in favor of, election or defeat in, election, and that can be objectively recognized by the intention of promoting an election or defeat in, election. As such, the preparation of an election campaign or ordinary activities for an internal or procedural preparation for the future election campaign do not fall under this. However, in determining whether a certain act constitutes an election campaign, it shall be determined by comprehensively observing not only the name of the act, but also the form of the act, i.e., the time, place, method, etc. of the act, and whether it is an act accompanying the purpose of promoting the election or defeat of a specific candidate (see Supreme Court Decision 2011Do3985, Aug. 18, 2011).

In light of the above evidence, there is no reason to deliver consolation money of KRW 300,00 to Nonindicted Party 1 and Nonindicted Party 13 (Divisions of Nonindicted Party 1), and there is no reason to believe that there is a reason to give money and other valuables to the Defendant in addition to the purpose of election campaign (the Defendant and Nonindicted Party 9 have a pro rata relationship with the Defendant, but on January 19, 2015, there is no reason to deliver money and other valuables to Nonindicted Party 1 and Nonindicted Party 13 (the Defendant’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s wife’s husband’s wife’s husband’s wife’s wife’s 6th day of the election). In addition, Nonindicted Party 3 did not have any pro rata relationship with the Defendant’s husband’s husband’s wife’s 7th day of the election (the Defendant’s husband’s husband’s wife’s wife’s 15th day of the first day).

Article 70 subparagraph 1 of the Act on Commissioned Elections provides that if an elected person commits a crime specified in this Act in the relevant commissioned election, and is sentenced to imprisonment with prison labor or a fine of at least one million won, the election shall be invalidated.

○ Areas subject to reduction of general purchase by candidates, etc.: KRW 1.5 million-7 million (where money, valuables, or benefits provided or received are extremely minor).

Areas to be mitigated for violations of an election campaign period: 300,000 won (where recognition of illegality is weak)

Many crimes: 1.5 million won-7.50 thousand won

○ favorable normal conditions: Initials

○ Unfavorable circumstances: (a) the total number of members of the instant election of the head of the instant ○○○○○ Savings Association (270 households); (b) the number of valid votes is about 490 votes; (c) the number of valid votes is 471 votes; (d) the Defendant, among three candidates, obtained 197 votes, 149 votes and 125 marks; (b) the Defendant, among the three candidates, obtained 197 votes and 149 votes and 125 marks; and (c) the number of members of the Defendant sent text messages to the instant illegal election campaign is 157.

The dissemination of money and valuables is an offense among election crimes which is the poor nature of the crime. It is more serious impact on the price of the elector in the case of an election. Accordingly, the Commissioned Election Act punishs the most severe punishment for spraying money and imposes the same punishment on the person receiving money and valuables (Article 58, 59). The money and valuables received shall be confiscated and collected as necessary (Article 60). The candidate’s spouse or lineal ascendant or descendant shall invalidate the candidate’s election even though they are punished for this crime (Article 70 subparag. 2), and the maximum amount of 100 million won has been provided with strong institutional system such as the payment of monetary rewards to the reporter for a criminal attack (Article 76). In light of the fact that there is no need to repeatedly impose punishment on the spread of money and valuables even if the head of the National East Election Association repeatedly takes a certain amount of expenses to establish a fair election culture in the future, the defendant and the elector’s person subject to the advance punishment may be determined by taking account of the number of times of giving money and valuables and other circumstances.

[Attachment]

Level of judge;