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(영문) 대구지방법원 서부지원 2019.09.10 2019고단1782
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B was elected on March 13, 2019 as a candidate for the election of the president of a cooperative in the second election of the president of a cooperative in the Dong-si nationwide (hereinafter referred to as "the above C cooperative").

Defendant

A is the head of the above B.

1. Around 09:00 on March 2, 2019, the Defendant provided money to the elector for election campaign by finding out in the E-house of a member of the said CF in Daegu-gun: (a) stating that “A member of the CF would be in conformity with, and known to, the union;” (b) requesting support from B; and (c) granting cash of KRW 300,000 (6) to the elector for an election campaign.

In addition, from March 2, 2019 to March 6, 2019, the Defendant provided money to the elector for an election campaign for a total of 10 times, as shown in the attached list of crimes, as well as the money.

2. No one shall engage in an election campaign in any way except for a violation of the subject of the election campaign and a candidate for door-to-door visits, and no one shall visit door-to-door for the election campaign;

Nevertheless, the Defendant carried out an election campaign even though he is not a candidate as shown in the attached list of crimes, and at the same time visited eight voters for an election campaign, such as those listed in paragraphs 1-2, 4, 6-10 of the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E, F, and G;

1. Written accusation of the captain of the vessel that has been achieved;

1. Each answer letter of questions by E, H, G, I, J, K, L, F, M and N;

1. A photograph of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (report on hearing statements of reference witnesses), investigation reports (report on hearing statements of reference witnesses);

1. Article 58 subparagraph 1 of the Act on Elections Commissioned by Relevant Law-Related Public Organizations, etc., Article 6 subparagraph 1 and Article 24 of the Act on Elections Commissioned by Public Organizations, etc., Article 6 subparagraph 11 of the Act on Elections Commissioned by Public Organizations, etc., Article 66 subparagraph 11 and Article 38 of the Act on Elections Commissioned by Public Organizations, etc.

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

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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