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(영문) 수원지방법원 여주지원 2020.01.14 2019고단705
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant was a person who had served as the president of B (hereinafter “B”) from around 2010, and was elected at the simultaneous election of the head of a cooperative nationwide conducted on March 13, 2019 in accordance with the Act on Entrusted Elections by Public Organizations, Etc. as a candidate for the head of a cooperative.

According to the Act on Entrusted Elections by Public Organizations, etc. and subordinate regulations, and the Agricultural Cooperatives Act, an organization that entrusts the management of an election to the election commission for the election of executives, etc. has a duty to strictly investigate the qualifications of members and maintain the list of members and prepare an electoral register accordingly.

Meanwhile, on the other hand, the Defendant, as the president of the Association B on January 2019, ordered on the part of B to promptly arrange the unqualified members since 1,111 members of B were closed for at least two years, and from January 2015 to February 2019, the Defendant instructed the Minister of Agriculture, Food and Rural Affairs and C to thoroughly improve the list of members for the prevention of disputes arising from the registration of an unqualified electoral registry. However, the Defendant appears to be “eight times” on the record.

No. 2 of note was received through reference.

Nevertheless, around January 30, 2019, the Defendant: (a) in a temporary interest society held in the Gyeonggi D B sub-committee around January 30, 2019; (b) even though he was well aware that 50 persons, etc. listed in the annexed list of crimes did not raise livestock for a long time; (c) was disqualified for membership; and (d) he/she, despite being aware of the fact that he/she had been forced to withdraw from the association, he/she would have been aware of the fact that he/she lost membership as a result of the failure to raise livestock for a long time; (d) provided that “if he/she is able to arrange for membership without qualification, he/she would have caused the deterioration of management of the association; and (e) provided the agenda for the maintenance of membership by demanding only a reduction plan from the above qualified members; and (e) passed it as it was;

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