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(영문) 부산지방법원 2016.01.29 2015고합450
공공단체등위탁선거에관한법률위반등
Text

Defendant

A Imprisonment with prison labor of six months and fines of ten thousand won,00,000 won, and Defendant B shall be punished by fines of ten thousand won,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A serves as the president of H Forestry Cooperatives from June 5, 2008 to June, 2008, and is a person who has the final authority to make a decision on a project conducted by the above union, such as the decision on a tree supply company, and Defendant B is a person who is engaged in landscaping projects in the establishment of Defendant A high school.

1. Defendant A

A. On March 16, 2010, the Defendant entered into a contract for the supply of trees worth KRW 10 million with B and 81 million on March 16, 2010, on the ground that it stated that the Defendant would enable B to supply trees for non-financial purposes by telephone to HH forestry cooperatives, thereby allowing B to submit a written estimate related to the supply of trees to H forestry cooperatives, and H forestry cooperatives entered into a contract for the supply of trees worth KRW 10 million with B and 81 million on March 16, 2010.

Then, on April 27, 2010, the Defendant received KRW 10,000,000 in cash from B in return for the conclusion of a tree supply contract at the Gu H Forestry Cooperatives parking lot located in I, as above, in return for the conclusion of a tree supply contract.

Accordingly, the defendant received a bribe in relation to the duties of executive officers of forestry cooperatives who are deemed public officials.

(b) A candidate (including a person who intends to be a candidate), a candidate's spouse, or an institution, organization, or facility to which a candidate belongs shall not provide money, goods, or other economic benefits to voters (including those eligible to be entered in the elector's list before preparing the elector's list) during the period subject to restriction on contributions, and the head of a cooperative under the Forestry Cooperatives Act shall not make contributions while in office;

Nevertheless, on December 8, 2014, the Defendant provided five directors L, audit, representative N,O, P, etc. of H forestry cooperatives with meals equivalent to KRW 105,625 at the market price at a “K” restaurant located in J, around 12:00.

Accordingly, the defendant made contributions to those who are eligible to enter on the electoral registry.

2. Defendant B’s Defendant B’s date and place indicated in the above paragraph 1-A. As above.

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