(영문) 창원지방법원 2015.05.14 2014노2756 | 리걸엔진

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(영문) 창원지방법원 2015.05.14 2014노2756

농업협동조합법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant argues that there was an error of law by misunderstanding the fact that he did not have any intention to go to the election of the president of a cooperative and did not actually go out, and that wals and wals were sent for the purpose of new personnel management, etc., but otherwise, the defendant carried out an election campaign by sending a walsium attached with his photograph attached to the election of the president of a cooperative, and that the defendant provided wals to the members for the purpose of election of the president of a cooperative, which affected the conclusion of the judgment.

B. The Defendant asserts that the sentence imposed by the lower court (a fine of three million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant is a director of the Jinju C Cooperatives and is engaged in agriculture.

1. Around December 26, 2013, the Defendant sent a chain attached to the name of a member of the E Post Office located in Jinju-si (hereinafter “E”) who is scheduled to take effect on March 11, 2015, such as F, an elector, and other members of the E Post Office as to the election of the head of the Jinju-si Cooperative Association, which was scheduled to take effect on March 11, 2015.

As a result, the defendant carried out an election campaign in a way other than that prescribed by the Agricultural Cooperatives Act.

2. The Defendant provided 414,000 won in total at 18 community meetings located in the above constituency, for the purpose of being elected at an election for the head of the Jinju Cooperative, which was scheduled to take effect from December 24, 2013 to March 30, 2015, including providing citrus of citrus equivalent to the market price of 23,000 won at the event site of the G village General Assembly in the constituency of the head of the C Cooperatives.

Accordingly, the defendant provided goods to union members for the purpose of election of union head.

B. The lower court found the Defendant guilty of the instant facts charged.

C. The judgment of the court below and the evidence duly adopted and examined by the court below.

참조조문

-농업협동조합법

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