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

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

Punishment of the crime

The defendant is the elector in the second election of the president of a cooperative throughout the country, which was implemented on March 13, 2019.

No one shall carry out an election campaign in any way, except where a candidate carries out an election campaign.

Nevertheless, in order to prevent the election of C from being elected as a candidate for the above election, the defendant had a letter of unfavorable contents to C and had a mind to send it to the members.

On February 19, 2019, the Defendant sent to 1,272 members of the Mutual Association in D, respectively, a letter stating that “A, the president of the Mutual Association, embezzled KRW 8,750,00,00,00, a candidate for the election of the president of the Mutual Association, who wishes to be a candidate for the election of the head of the Mutual Association, in the course of the F festival hosted on May 2018 by the Mutual Association, shall be under investigation at the Ulsan District Prosecutors’ Office,” signed on March 13, 2019.

Accordingly, the defendant carried out an election campaign even though he could not carry out an election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Postal items, accompanying articles, letters on postal items, receipts, lists of names, and list of members;

1. Minutes and a report on audit results, notification of audit results, and audit regulations;

1. Application of Acts and subordinate statutes on investigation report (to 35 telephone conversations, including B members G, etc. who received mail);

1. Article 6 subparagraph 1 of Article 66 and Article 24 (1) of the Act on Entrusted Elections, such as a relevant legal entity or public organization, etc. concerning criminal facts / [Selection of Fines]

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to determine the same sentence as the disposition, taking into account the following factors: the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc.: (a) consistent with the truth with the details of the mail of this case; (b) influence on the election