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(영문) 대구지방법원 2015.04.09 2015고단1165
공공단체등위탁선거에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A The first time of March 11, 2015, which was implemented on March 11, 2015, the first time of the election of the head of the Dong-si National Livestock Cooperative (hereinafter referred to as the “FF Livestock Cooperative”), the winner of the election of the head of the FF Livestock Cooperative (hereinafter referred to as the “FF Livestock Cooperative”), the defendant G as a member of the FF Livestock Cooperative, and the livestock raiser as a member of the FF Livestock Cooperative, and the defendant B,

No one shall offer money, goods, entertainment, other property benefits, or public or private positions to an elector, his/her family member, or an institution, organization, or facility established and operated by the elector, his/her family member, or an elector or his/her family member, or a family member,

1. Defendant A

A. A. Around January 2015, the Defendant issued KRW 4 million in cash to H, at H’s house of the members of H, to the effect that “I conduct an election campaign for the Defendant to those members and use it as expenses,” and the Defendant issued KRW 4 million to the said H.

Accordingly, the defendant provided money to the elector for election campaign.

B. On February 2, 2015, the Defendant issued KRW 1 million in cash to its members B at the K cafeteria operated by J on February 2, 2015.

Accordingly, the defendant provided money to the elector for election campaign.

2. On February 2015, Defendant B received KRW 1 million in cash from the above A, as set forth in paragraph 1(b), at the K cafeteria operated by Defendant J, which was located in the Gyeongbukbuk-do police officer.

As a result, the Defendant was provided money as an elector for an election campaign.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the first and second examination of the suspect against the defendant A by the prosecution;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. A written accusation;

1. Application of statutes to a copy of an application for candidate registration, and a list of livestock cooperatives members;

1. Article applicable to criminal facts;

(a) Defendant A: Article 58 subparagraph 1 of the Act on Entrusted Elections by Public Organizations, etc.;

B. Defendant B: Commissioned by public organizations, etc.

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