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(영문) 전주지방법원 2015.10.16 2015고단1195
공공단체등위탁선거에관한법률위반
Text

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

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

Reasons

Punishment of the crime

On March 11, 2015, the Defendant was a candidate for the president of the agricultural cooperative throughout the country at the first simultaneous election of the president of the agricultural cooperative.

1. No candidate (including a person who intends to become a candidate) in violation of a restriction on contributions shall make contributions during the period subject to contribution (from September 21, 2014 to March 11, 2015) ;

Nevertheless, around 07:58 on February 4, 2015, the Defendant provided KRW 200,000 in cash to D at the present house of the members of the NAFFC, stating that “I will request this election well.”

2. An election campaign in a prior election campaign may be conducted only from the day following the deadline for the registration of candidates to the day preceding the election day, and no election campaign shall be conducted when it is not during the election campaign period; and

Nevertheless, at around 16:07 on January 30, 2015, the Defendant made a prior election campaign against 18 electors in total by phone calls from the Defendant’s house located in Kim Jong-si to the members G of the association to the mobile phone in the name of F, and complaining for support for this election. In addition, from that point to February 14:35, 2015, the Defendant made an advance election campaign against 18 electors in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, D, J, K, L, G, M, N, andO;

1. Investigation report ( Cash 200,000 won seizure procedures and reports), investigation report (Attachment to a list of partners);

1. Application of statutes on advance election campaigns;

1. Relevant legal provisions for facts constituting an offense, Articles 59 and 35(1) of the Act on Entrusted Elections by Public Organizations, etc. selected for a penalty, etc., subparagraphs 1 and 24(2) of Article 66 of the Act on Entrusted Elections by Public Organizations, etc., and selection of each fine;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 60 of the Act on Entrusted Elections by Confiscation Public Organizations, etc.;

5. The order of provisional payment.

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