A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant was elected to the head of a cooperative in the second time in the election of the head of a cooperative throughout South Korea, which was implemented on March 13, 2019 (the resignation of the head of a cooperative on April 1, 2019), and D is a member of the cooperative.

No candidate who participates in an entrusted election, such as the head of an E-association, shall provide any money to the elector for an election campaign.

Nevertheless, on March 1, 2019, the Defendant: (a) sent to D, an elector of the cooperative head, who is an elector of the cooperative head, residing in the said village at a F non-permanent place; (b) sent cash at the public fence at the entrance of the said village at around 06:00 on March 11, 2019; (c) sent a plastic paper containing a list of the names of 7-8 members of the cooperative; and (d) notified D of the place of payment of the said money by telephone.

Accordingly, the defendant provided 2 million won in cash to the electoral partner D for the purpose of election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning G and D;

1. Police seizure records;

1. Referral to the suspicion of a violation of the Commissioned Elections Act by public organizations, etc.;

1. One copy, etc. of the F CCTV images, applying Acts and subordinate statutes 1.4 million won in cash;

1. Subparagraph 1 of Article 58 of the Act on Entrusted Elections by the relevant legal entity or public organization, etc. concerning criminal facts, and choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant, for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, provided money to an elector’s partner. Such an offense is against the purport of the Act on Entrusted Elections by public organizations, etc., which aim to ensure the fairness and transparency of the E-Union’s election and to guarantee the free decision-making of the union members. In particular, in the case of an election for the president of a cooperative, the crime is heavy in that such an act is more likely to have a more significant impact on the result of the election.

However, the defendant is wrong.