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(영문) 청주지방법원 2016.10.07 2015고정848
공공단체등위탁선거에관한법률위반
Text

1. The defendant shall be punished by a fine not exceeding one million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

No one may enter matters in the electoral register by fraud or other improper means.

On September 1, 2014, the Defendant prepared a lease contract as if H, I, and E leased 2,331 square meters in the G forestry association office located in the Chungcheongnambuk-gu, J, and L were leased from J, respectively, and submitted an application for membership of H, I, E, and L with respect to an election of the president of a cooperative executed on March 11, 2015.

However, there was no reason that H, I, E, L had cultivated landscaped trees by leasing the above land from J, and therefore there was no qualification for membership of the National Forestry Cooperatives Committee.

Accordingly, the Defendant entered H, I, E, and L in the National Forestry Cooperatives List by false means.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness J;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to the prosecution by the N or J;

1. A copy of each police statement made against the defendant, H and L;

1. A copy of a petition, reply to the civil petition received by theO from the head of the Chungcheong North Korea Headquarters of the National Forestry Cooperatives Federation, civil petition documents sent by theO to the Audit Office of the National Forestry Cooperatives Federation, copy of the current status of actual status of members of G forestry cooperatives, copy of membership eligibility, copy of the membership subscription procedures, copy of the G forestry cooperative association's articles of association

1. Article 63 (1) of the Act on Entrusted Elections, such as Relevant Provisions concerning facts constituting an offense and a public organization selected to impose a sentence. Article 63 (1) of the same Act

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

1. The Defendant and the defense counsel’s assertion as to the assertion of the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouse, asserts to the purport that the Defendant and the defense counsel are qualified as a union member since: H, I, and L, together with the Defendant, planted and managed the prone trees on the land of J since about 10 years ago; and in fact, managed the landscape trees by lending

. lawfully;

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