Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
1. The Defendant, based on the facts, contributed to promoting the friendship and welfare of the members engaged in the seal business in Korea, and candidateed with C for the 18th Chairperson Election of Incorporated Association B (hereinafter “B”) established for the development of the seal industry.
On March 12, 2013, the Defendant and C submitted to the election commission of B a letter of intent to accept the invalidation of election in the event of a violation, in compliance with the following matters as a candidate:
No defamation shall be made by spreading or exaggerationing any false fact, etc. which is not confirmed on the other candidate or which is difficult to be confirmed.
No person shall be allowed to drink entertainment or receive money or valuables against the representative during the election period, whatever name it may be.
그런데 피고인은 위 선거에 임박한 2013. 3. 27.경 29명의 대의원들에게 시가 약 50,000원 상당의 옥(玉) 재질로 된 인장재료 10개가 들어있는 상자를 1, 2개씩 발송하였다.
B opened an ordinary general meeting on March 31, 2013 and held the 18th president election in the presence of 56 representatives, and as a result of the representatives' voting, the defendant was decided as the elected person of B's 18th president election in the end of receiving 30 votes and 26 votes.
However, on April 2, 2013, the B Election Commission decided to confirm that the election of the defendant is invalid on the ground that the defendant violated the obligations in March 12, 2013 at a meeting of two election management members (D, member E) from among election management members.
2. On April 18, 2013, the Defendant filed an application with the Seoul Central District Court for a provisional disposition on the preservation of status (Seoul Central District Court 2013Kahap891) to the effect that C and the Defendant need to suspend the Defendant’s performance of duties as the chairperson, such as the determination of invalidation of election due to an obvious election act as above, and thus, the Defendant cannot nominate B’s director as the chairperson.