Defendant 1 and five others

Rule 20

Attorneys Jeong Jong-sung et al.

Defendant 1 is punished by imprisonment for one year, by imprisonment for ten months, by imprisonment for Defendant 2, by imprisonment for eight months, by imprisonment for Defendant 3, by fine for two million won, by Defendant 4, by imprisonment for six months, and by fine for five thousand won.

Out of detention days before the rendering of this judgment, the number of defendants 1 and 2 shall be 71 days, 51 days for defendants 3, and 59 days for defendants 5 shall be included in the above punishment.

When Defendant 4 and 6 fail to pay the above fine, the above Defendants shall be confined in each workhouse for the period calculated by converting 50,000 won into one day.

However, for the defendant 1, 2, 3, and 5, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

30,000,000 won from Defendant 2, 11,50,000 won from Defendant 3, and 1,800,000 won from Defendant 6 shall be collected respectively.

To order the provisional payment of an amount equivalent to the above fines against Defendant 4 and 6.

Defendant 1 was elected in the election of the president of the Daejeon, Chungcheongnam-nam Livestock Industry Cooperative on February 14, 2006 and was appointed as the president of the cooperative on March 14, 2006. Defendant 2 was an election campaign manager of the above Defendant 1 and was in charge of the overall election affairs of Dong-in as the election campaign manager of the above Defendant 1; Defendant 3 was a member of the above cooperative; Defendant 1 was an election campaign leader of the above Defendant 1; Defendant 4 was a member of the above cooperative; Defendant 1 was in charge of the election campaign as the head of the election campaign headquarters of the above Defendant 1; Defendant 5 was a member of the above cooperative; and Defendant 6 was a member of the district election campaign worker of the above Defendant 1; and Defendant 1 was a member of the above cooperative.

1. In collusion with Defendant 1, 4, 2, 3, and 5, any person must conduct an election campaign by distributing election campaign bulletins and distributing small-sized printed matters, and by using telephone or computer communications only by means of a lake and marsh for support, in relation to the election of the partnership officers, from the time when the registration of the candidate concerned is terminated (as of February 2, 2006: the date of registration of the candidate: February 2, 2006) in accordance with the law and the articles of incorporation;

Defendant 4 is an election campaign manager from around 28. 20 to February 18. 2006, to around 20. 18. 2. 4, 2006, and from around 200, up to 18. 2, 72-24, 2, 8, 1, and 1 computer on the 2nd floor, and 1 shall be installed as a computer employee, and Defendant 2 is an election campaign manager; from around 5, 2006 to around 200, 16, 200, 300 election campaign from around 5, 200 to around 200, 200, 1,000, 1,000 members of the association, including Defendant 2, and 1,000, 2,000, 1,000, 2,000, 2,000

2. Defendant 1 cannot visit a cooperative member by door or gather at a specific place during the period from 90 days before the expiration date of his election campaign ( March 13, 2006) to the election day ( December 13, 2005), notwithstanding the fact that Defendant 1 cannot visit a cooperative member by door or gather at a specific place for the election campaign.

A. During December 2005, Nonindicted 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, 222, 23, 24, 19, 25, 27, 28, 29, 29, 30, 30, 31, 334, 36, 37, 38, 39, and 39, which were members of the Cheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do, Cheongyang-si, Cheongnam-si, and sought support from the Dong, who is a member of the Association, from around that time to January 2, 2006.

B. Around 19:00 on January 7, 2006, at a Korean engineer restaurant located in Ison-ri, Defendant 1 attended a meeting of ten small group of members, including Nonindicted 40, in which he/she is a member of the association, to appeal for support from Defendant 1, and conduct an election campaign in a manner other than that provided by the Act and the articles of incorporation, by taking advantage of the manner other than that provided by the Act, and the articles of incorporation;

3. No person shall provide or receive money, goods, entertainment or other property benefits to a member, etc. for the purpose of getting him/herself or a specific person elected or not elected as an executive officer or representative of a local agricultural cooperative;

A. Defendant 1:

(1) On December 2005, the first instance court issued KRW 10 million to the above defendant 2 and the above defendant 3, who were union members of the above union, under the pretext of requesting the above defendant 2 and the same 3 to conduct an election campaign for Defendant 1 for Defendant 1, and upon requesting the above union members to conduct an election campaign. The court below issued KRW 8.5 million to the above defendant 3, under the pretext of requesting the above defendant 2 to conduct an election campaign.

(2) around the 20th day of the same month, in the above telecom parking lot, the above defendant 2 was issued a gold of 13 million won under the above conditions; and

(3) On February 2006, in the special room on the second floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor, money and valuables shall be provided to the members for the purpose of winning 7 million won to the above Defendant 2 and 3, such as providing 3 million won to the above Defendant 3 for personal purposes, such as using 3 million won to the above Defendant 2 and 3, or providing them to the members of the 2nd floor of the 2nd floor of the 2nd floor, and

(b)The same 2:

As above, Defendant 1 received gold KRW 30 million at the same time, at the same time, and at the same place as the above 3-A,

(c)The same three persons:

Defendant 1 received gold KRW 11,50,000 from the above Defendant 1 at the same date, time, and place as the above 3-A,

D. Defendant 3 and Defendant 5 conspired, and around January 2006, Defendant 5, a member of the district election campaign, appeared to have been able to support candidates other than the above Defendant 1, and the above Defendant 6, a member of the district election campaign, provided money to the above Defendant 6, and offered money to the same 3 person with the mind that he would support the above Defendant 1. The above 3 person consented to this.

(1) On January 20, 2006, around 5, 2006, the same 3 calls from the same 3, that “Defendant 6 supports Nonindicted 41 who is the counterparty candidate, among the members of the cooperative, and Defendant 6 and Nonindicted 42 who is his father, shall issue a unit of KRW 1 million in 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).”

At the above wooden farm office around 14:00 as of January 1, 2006, the above defendant 5 provided the above defendant 6 with the statement that the defendant 6 referred to as "the candidates for Nam Sung-hun are asked, sealed, changed, 500,000 won and 500,000 won shall be his father," and that the money received from the above 3 as above is KRW 1,00,000 won.

(2) On February 2 of the same year, Defendant 5 posted a telephone to the same 3 persons, saying, “Defendant 6 must return to the same place, which requires more than one million won,” and the same 3 has consented thereto, and around that time, Defendant 5 delivered KRW 3,00,000 to the same 5 in the multilateral bank located in the new line in front of the new line.

(A) On July 18:00 of the same month, at the front parking lot of the article restaurant located in Einian City, Defendant 5 referred to Defendant 6 as “as to Defendant 1 candidate, Defendant 1’s purchase on the candidate’s side,” and Defendant 3 issued KRW 400,00 to the above Defendant 3 in the form of purchasing the goods of Ainsen Corporation handled by the above Defendant 3;

(B) At the 20:00 on the 9th day of the same month, Nonindicted Party 43’s house located in Mag-ri (number omitted), the said union members, saying, “I will, regardless of whether I will take part in the voting at this time, I will bring about the liquor tax on this election, I will bring about Defendant 1’s experience at 30 years in both the money and the head of the union, and I will request the fump for Defendant 1’s candidate No. 1 of the No. 1 of the No. 1 of the No. 300 among the money received from Defendant 3,” and offer it, as above,.

(C) On the 12th 13:00 of the same month, on the street in Ison, Lee Jae-ri, and on the 12th 13:00 of the same month, Defendant 5 provided money and valuables to members for the purpose of getting the above Defendant 1 to be elected, by delivering KRW 400,000 to the above Defendant 3 in the form of purchasing goods by the same method as the above Defendant 3 handled by the above Defendant 6.

E. Defendant 6:

As described in paragraphs (1), (2) and (3) above, the above Defendant 5 received KRW 1.8 million from the above Defendant 5 and received them.

1. Defendants’ legal statement

1. Prosecutions and police interrogation protocol for the Defendants

1. Each police protocol on Nonindicted 44, Defendant 1, Nonindicted 45, Defendant 3, Nonindicted 7, Nonindicted 46, Defendant 2, Defendant 47, Nonindicted 1, 48, 40, 49, 50, 2, 3, 4, 5, 6, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, Defendant 6, 5, Nonindicted 42, 9, and 43

1. Each statement;

1. Union members' pocket book, election campaign leaflet, copy of a medal, copy of a list of union members by region, copy of a list of union members by region, persons related to the election campaign manager, a copy of a list of union members, a copy of a copy of a detailed list of union members, the current status of participation in each region, the monetary records analysis data between Defendant 3 and union members, copy of the statement made by Nonindicted 61, copy of the articles of association, the copy of each election commission in the year 206, the copy of the receipt, the copy of each election commission in the year 1, 2, and 3, the copy of the receipt, the details of the deposit and withdrawal transaction, the report on digital evidence analysis results, digital analysis CD, CDs, textbook, the contents of the telephone screen, Defendant 2 telephone content, Defendant 3 telephone content, the

1. Each report on investigation;

1. Article applicable to criminal facts;

(a) Defendant 1: Articles 172 (1) 2, 50 (1) 1 (a point of providing money, etc.), 172 (2) 1, and 50 (2) (a point of door-to-door visit, etc.) of the Agricultural Cooperatives Act, Articles 172 (2) 2 and 50 (4) of the Agricultural Cooperatives Act, Article 30 of the Criminal Act (a point of violating restrictions on the methods of election campaigns);

(b) Defendant 2: Articles 172 (1) 2, 50 (1) 3 (a point of receiving money, etc.), 172 (2) 2, and 50 (4) of the Agricultural Cooperatives Act, Article 30 of the Criminal Act (a point of violation of restrictions on the method of election campaign)

(c) Defendant 3: Articles 172(1)2 and 50(1)1 of the Agricultural Cooperatives Act, Article 30 of the Criminal Act (each point of providing money, etc.), Articles 172(1)2 and 50(1)3 of the Agricultural Cooperatives Act (each point of receiving money, etc.), Articles 172(2)2 and 50(4) of the Agricultural Cooperatives Act, Article 30 of the Criminal Act (any point of violating restrictions on election campaign methods)

(d) Defendant 4: Articles 172(2)2 and 50(4) of the Agricultural Cooperatives Act, and Article 30 of the Criminal Act.

(e) Defendant 5: Articles 172(1)2 and 50(1)1 of the Agricultural Cooperatives Act, Article 30 of the Criminal Act (each point of providing money, etc.), Articles 172(1)2 and 50(1)3 of the Agricultural Cooperatives Act (each point of receiving money, etc.), Articles 172(2)2 and 50(4) of the Agricultural Cooperatives Act, Article 30 of the Criminal Act (any point of violating restrictions on election campaign methods)

(f) Defendant 6: Articles 172 (1) 2 and 50 (1) 3 of the Agricultural Cooperatives Act (the point of receiving money, etc.)

1. Selection of punishment;

Defendant 1, 2, 3, and 5: Selection of imprisonment

Defendant 4 and 6: Determination of a fine

1. Aggravation for concurrent crimes;

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

1. Detention in a workhouse (Defendant 4, 6);

Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of pre-trial detention (defendant 1, 2, 3, 5);

Article 57 of the Criminal Act

1. Suspension of execution (defendants 1, 2, 3, 5);

Article 62(1) of the Criminal Act (Consideration of Reasons for Sentencing below)

1. Collection (defendant 2, 3, and 6);

Article 48(1)2 and (2) of the Criminal Act

1. Order of provisional payment (Defendant 4, 6);

Article 334(1) of the Criminal Procedure Act

The fact that the defendants provided money and valuables in relation to the election of the head of a cooperative which may have a significant impact on the interests of its members and provided and received such money and valuables to the illegal election campaign is a very bad crime that undermines the fairness of election, which is the foundation of democracy, and thus, the necessity of strict punishment to establish a culture of election through a fair election is high. However, the above punishment shall be determined in consideration of the following facts: the defendants did not have any special criminal record of imprisonment without prison labor or more; the defendants committed the crime of this case, because they failed to close the social efforts for a false election campaign in high-quality area or unit election; the defendants committed the crime of this case; the defendants 1 took depth; although the money provided reaches KRW 40,000,000,000, but this money was paid to the members of the election rather than the money paid to each individual voters for the direct election campaign, the resignation of the head of the cooperative for a considerable period of time, and the depth of detention through detention.

[Attachment Table of Crime List]

Constitutional Court of Justice Cho Jae-sik