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(영문) 전주지방법원 2020.01.30 2019고단1475
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 11, 2015, the Defendant was elected as the head of the 1st National East City Cooperative (hereinafter referred to as the “Union”) Partnership (hereinafter referred to as the “Union”) which was implemented on March 11, 2015, and was elected as the head of the 2nd National East City Partnership (hereinafter referred to as the “Union”) Partnership (hereinafter referred to as the “Union”) and held office as the head of the said Partnership.

Where money and other valuables are provided at a ceremony of coming-of-age, marriage, funeral and ancestor worship, or other congratulations or condolences at the expense of the agricultural cooperative under the Agricultural Cooperatives Act, the act done in the name of the relevant cooperative shall be clearly indicated as the expense of the relevant cooperative, and the act done in such a manner that the name or name of the representative of the relevant cooperative

Nevertheless, around February 14, 2018, the Defendant, at the D funeral hall located in Jeollabuk-Gun, Jeollabuk-do, Jeollabuk-do, offered KRW 100,000,000,000 as the expenses of the said association to bereaved families, including the members of the said association, who were the members of the said association, in an envelope in which the name of “B association President A” was entered.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. A H statement;

1. A copy of an garbage bag;

1. An envelope of the name of the association;

1. Statement of payment meeting;

1. Application of Acts and subordinate statutes to photographs of book books;

1. Article 66 of the relevant Act on Criminal Crimes and Article 66 of the Act on Entrusted Elections such as Public Organizations, etc. that choose a sentence, Article 36 of the same Act and Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The crime of this case is an offense that may undermine the fairness of election by affecting the free decision-making of the union members. It is necessary to strictly punish the entrusted election in light of the purport of the Act on Entrusted Elections such as public organizations, etc. to correct the mixed election.

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