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(영문) 광주지방법원 2009. 7. 23. 선고 2008고단3706 판결
[농업협동조합법위반][미간행]
Escopics

Defendant

Prosecutor

Gangwon-guer

Defense Counsel

Attorney Kim Jong-ho

Text

Defendant shall be punished by a fine of KRW 800,000.

When the above fine is not paid, the defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

Seized evidence No. 1 shall be confiscated.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

On July 29, 2008, the Defendant was elected as a candidate for the election of the head of the Dolsan Agricultural Cooperatives Association located in the Dolsan-gun's Dolsan-gun.

1. A candidate for an election of executive officers of a regional agricultural cooperative may not provide money, goods, etc. to the relevant union members from 180 days before the expiration date of the executive officer’s terms (the expiration date of August 25, 2008), to the election day, and may not provide money, goods, etc. to the relevant union members beyond the ordinary scope.

A. At around 12:30 on July 21, 2008, 12:00 won in cash was delivered to Nonindicted 1, a member of the Doro Agricultural Cooperative, in front of the Doro-si rice 1-gu, Doro-si, the Doro-si, and provided money to the members.

B. On March 16, 2008, around 11:30 on the 11:30 of the Seo-gu, Seo-gu, Seo-gu, Gwangju, offered money and valuables exceeding the ordinary limits to the members of the association by providing 300,000 won in total with congratulatory money or money for congratulations at a congratulations or condolences at six members, such as attending the marriage ceremony of non-indicted 2's children, and raising 50,000 won in cash with congratulatory money, as shown in the list of crimes in the attached Table.

2. No person who intends to become an officer may visit door to door for an election campaign during the period as determined by the articles of incorporation (from 90 days before the expiration of term to the election day).

On June 4, 2008, around 14:00, at the first 14:00, the cooperative member visited Nonindicted 3's house located in the Dolet-gun (detailed address omitted) and visited each house for election campaign by asking for support related to the election of the president of the cooperative, by visiting Nonindicted 4's house located in the Dolet-gun (detailed address omitted) around 18:00 on July 4, 200 of the same year, and Nonindicted 5's house located in the Dolet-gun (detailed address omitted), and on July 10 of the same year, visiting each ○○ farmer located in the Dolet-gun located in the Dolet-gun in the 10th Dolet-gun of the same month

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness Nonindicted 1, 6, and 7

1. Each written statement of Nonindicted 8, 9, and 2

1. Each police statement on Nonindicted 10, 5, 3, 4, 11, and 12

1. A photograph of KRW 100,000 in cash, a copy of the election campaign for the head of the Doro Cooperatives, a copy of the Dorog Agricultural Cooperative electoral register, a copy of the joint house-to-house visit, a copy of the joint house-to-house list, a copy of the joint house-to-house list

Application of Statutes

1. Article applicable to criminal facts;

(a) Crimes of subparagraph 1 of judgment: Articles 172 (1) 3 and 50-2 (1) of the Agricultural Cooperatives Act;

(b) Crimes of subparagraph 2 of judgment: Articles 172 (2) 1 and 50 (2) respectively;

1. Selection of punishment;

Selection of each fine

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Land to be submerged;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

【Crime Disturbing Table】

Judges Lee Jin-ju

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