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(영문) 광주지방법원 순천지원 2017.09.14 2017고단1286
농업협동조합법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 20, 2017, the defendant registered as a candidate for the election of non-permanent directors of the Nonghyup Co., Ltd., which was implemented on January 20, 2017, and resigned on January 17, 2017.

No person shall provide money, goods, entertainment or other property benefits to a cooperative member, his/her family member, or an institution, organization, or facility established and operated by a cooperative member, his/her family member, or a cooperative member or his/her family member, for the purpose of getting him/herself or a specific person elected as an executive officer or a representative of a local agricultural cooperative or preventing him/her from being elected, or make contributions to an institution, organization, or facility established and operated by a cooperative member, his/her spouse, or an institution, organization, or facility to which a candidate belongs, from 180 days before the expiration of his/her term of office to the election day.

Nevertheless, the Defendant: (a) on January 16, 2017, around 13:00, to D, a representative of the said agricultural cooperative member, who is the interest of the agricultural cooperative member, on the roads in front of the Mayang-si Village; (b) Domino.

“The act of contribution was made by providing 50,000 won and 60,000 won in total.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Analysis of monetary records of a suspect, etc.);

1. Application of statutes on copies of electoral lists;

1. Article 172 (1) 2, Article 50 (1) 1, Article 172 (1) 3, and Article 50-2 of the Agricultural Cooperative Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The responsibility of the Criminal Procedure Act, which directly undermines the fairness of the election of executive officers of a union with the reason for sentencing, is not weak in that it made an act of contribution that directly compromises the fairness of the election of executive officers of a union.

However, the punishment shall be determined in consideration of favorable circumstances, such as the fact that the defendant voluntarily resigned from office and has no criminal history.

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